The county has opted out of new state legislation that would force some people with mental illnesses to be treated on an outpatient basis.

Known as assisted outpatient treatment, the amendment to the state Mental Health Procedures Act allows judges to rule that seriously mentally ill individuals must get treatment on an outpatient basis.

The act is meant to provide an additional means for committing those with mental illness to treatment. Currently, judges can only involuntarily commit people if they are a clear and present danger to themselves or others, and only to an inpatient program.

Joyce Ainsworth, the county's human services director, told the commissioners at a Wednesday meeting that she recommends the county opt out of the amendment.

Ainsworth said once a judge commits an individual to assisted outpatient treatment, there is no way to force that individual to keep doctor's appointments, attend counseling sessions or take the medication prescribed to them during outpatient treatment.

She said more assessment is needed regarding the legislation's impact on counties' mental health and criminal justice systems.

“My recommendation is that we opt out,” Ainsworth told the commissioners. “We need more time.”

She said the legislation was passed quickly and goes into effect on April 22. She said many counties are opting out, and can do so each year if they so choose.

“It's been difficult,” Ainsworth said.

Leslie Osche, the commissioners chairwoman, agreed that the assisted outpatient treatment program is toothless regarding the patients' adherence to their appointments and medication.

“It becomes a question of who's assisting,” she said.

Ainsworth also pointed out that the amendment comes without funding.

“There would be a cost associated with it,” she said.

The commissioners unanimously approved Ainsworth's recommendation to opt out of the program.