South African Institute for Drug Free Sport Act, 1997
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VI : State Patients48. Conditional discharge of State patients, amendments to conditions or revocation of conditional discharge |
| (1) | Where a State patient is discharged conditionally in terms of section 47(6)(d), such an order must specify the terms and conditions of the discharge and the period of the conditional discharge. |
| (2) | The head of the health establishment from which the State patient was conditionally discharged must – |
| (a) | cause the mental health status of the State patient to be monitored at the health establishment; or |
| (b) | arrange for another health establishment to monitor the State patient, if the conditional discharge requires the State patient to present him or herself at that health establishment for care, treatment and rehabilitation services. |
| (3) | The person monitoring the State patient must submit a written report to the head of the health establishment at which the State patient was discharged – |
| (a) | relating to any terms and conditions applicable to the discharge; |
| (b) | at the end of every six months from the date on which the conditional discharge order was made; and |
| (c) | at the end of the conditional discharge period. |
| (4) | If at the end of the conditional discharge, the head of the health establishment is satisfied that the State patient has fully complied with the terms and conditions applicable to the discharge, and that the mental health status of the State patient has not deteriorated, the head of that health establishment must – |
| (a) | immediately discharge the State patient unconditionally; and |
| (b) | in writing, inform the State patient, the Registrar concerned and the official curator ad litem. |
| (5) | If after considering any report submitted in terms of subsection (3), the head of the health establishment has reason to believe that the – |
| (a) | State patient has not fully complied with the terms and conditions applicable to the discharge; or |
| (b) | mental health status of the State patient has deteriorated, the head of the health establishment may apply to the Registrar of the High Court concerned for an order amending the conditions or revoking the conditional discharge, and forward a copy of the application to the official curator ad litem. |
| (6) | A State patient who has been discharged conditionally may at any time after six months from the date on which the order was made, and thereafter, at no less than six months intervals, apply in the prescribed manner to the judge in chambers concerned for an- |
| (a) | amendment of any condition applicable to the discharge; or |
| (b) | unconditional discharge. |
| (7) | The application referred to in subsection (6), must set out the – |
| (a) | condition to be amended; |
| (b) | duration of such amendment; and |
| (c) | reasons for the amendment or revocation of the conditional discharge. |
