individual with mental illness
(4) The term “individual with mental illness” means, except as provided in section 10804(d) of this title , an individual— (A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and (B) (i) (I) who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown; (II) who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or”; (III) who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense; or (ii) who satisfies the requirements of subparagraph (A) and lives in a community setting, including their own home.