(1) on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that:
(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
(B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued,
(C) the person is likely to participate in outpatient treatment with a legal obligation to do so,
(D) the person is not likely to participate in outpatient treatment unless legally obligated to do so, and
(E) mandatory outpatient treatment is a suitable less drastic alternative to commitment,
(2) the person shall be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional.
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