If the offender is suffering from a serious mental disorder or if they are dependent on addictive substances or in any other way, the court may order that they receive out-patient rather than in-patient treatment if:
the offender commits an offence in which their condition is a factor; and
it is expected that the measure will reduce the risk of further offences being committed in which the offender’s condition is a factor.
The court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. It may order probation assistance and issue conduct orders for the duration the treatment.
The competent authority may order the offender to be treated temporarily as an in-patient if this is required in order to initiate the out-patient treatment. The period of in-patient treatment may not exceed two months.
The period of out-patient treatment may not normally exceed five years. If the continuation of the out-patient treatment is considered necessary at the end of the five-year period in order to reduce the risk of further felonies and misdemeanours in which a mental disorder is a factor, the court may at the request of the executive authority continue the treatment for a further period of from one to five years.
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