Right to Timely Discharge

Within the limitations of court-imposed confinement, state and federal laws require that the State actively pursue the timely discharge of patients to the most integrated, appropriate setting that is consistent with the patients’ needs.

The U.S. Supreme Court has held that "The unjustified segregation of people in institutions, when community placement is appropriate, constitutes a form of discrimination prohibited by Title II [of the ADA].“ (Olmstead v. L.C. and E.W., 1999)

The State Patient’s Bill of Rights specifies that a person has the right to a discharge plan. This has been supplemented by recovery guidelines that provide more detail on the discharge planning requirements. Discharge planning must start upon admission to a facility and identify concrete steps for discharge to the individual’s preferred community living arrangement.