Criteria and standards for protective placement

(1) The court may order the protective placement of a respondent if: (a) The respondent, by clear and convincing evidence, has a neurocognitive disorder; (b) With the consideration of all reasonably available information, including the relevant history of the respondent, there are reasonable grounds to believe that the respondent will not remain in a voluntary treatment program; and (c) The respondent, by clear and convincing evidence, is a danger to the respondent's self or a danger to others. (2) When evaluating a person to determine whether the person meets the criteria pursuant to subsection (1) of this section, the court, evaluator, intervening professional, or professional person shall take into consideration: (a) The person's statements and insights into the person's own neurocognitive disorder; (b) Clinical diagnosis and clinical perspective on the person's current mental state and prognosis; (c) The person's willingness to voluntarily seek and comply with a treatment plan in the reasonably foreseeable future; (d) Recent overt acts by the person to threaten, cause, or attempt to cause harm to the person's self or others; (e) Previous patterns of deterioration that resulted in the person's hospitalization, arrest, certification for short-term treatment, or protective placement; (f) Whether the person was found in a condition where the person was not able to care for the person's own basic needs in order to avoid the risk of serious physical harm; and (g) The frequency, recency, and severity of the considerations described in subsections (2)(b) to (2)(f) of this section and the likelihood that the conditions and events will reoccur without involuntary treatment. (3) When evaluating whether a person is a danger to the person's self or a danger to others, is gravely disabled, or poses a substantial risk of serious harm to others, the court, evaluator, or intervening professional shall, whenever possible, use all reasonable efforts to learn about prior relevant behaviors and prior diagnoses through available and reliable sources, including the person's prior medical and mental health records, police reports, and information from reliable individuals who have a relationship or regular substantial interactions with the person. (4) The court or professional person shall assess an incarcerated person as if the person were in the community when evaluating whether the person meets the criteria pursuant to subsection (1) of this section.