A. Release from the institution, provided that:

(1) The order for release may include conditions determined appropriate by the court, including, but not limited to, out-patient treatment and supervision by the Department of Behavioral and Developmental Services, Division of Mental Health; and

(2) The order for release includes the condition that the person must be returned to the institution immediately upon the order of the commissioner whenever the person fails to comply with other conditions of release ordered by the court; or

B. Discharge from the custody of the Commissioner of Behavioral and Developmental Services.

Release from the institution is subject to annual review by the court and, except for return as ordered by the commissioner under paragraph A, subparagraph (1), must continue until terminated by the court. Each person released under this section shall remain in the custody of the commissioner. The Commissioner of Behavioral and Developmental Services shall inform the public safety officer of the municipality or the sheriff's office of the county into which the person is released of the release.

Sec. 3. 15 MRSA §104-A, sub-§2, as corrected by RR 1995, c. 2, §29 and amended by PL 2001, c. 354, §3, is further amended to read:

2. Modified release treatment. Any individual hospitalized pursuant to section 103 may petition the Superior Court for the county in which that person is hospitalized for a release treatment program allowing the individual to be off institutional grounds for a period of time, not to exceed 14 days at any one time. The petition must contain a report from the institutional staff, including at least one psychiatrist, and the report must define the patient's present condition; the planned treatment program involving absence from the institution; the duration of the absence from the institution; the amount of supervision during the absence; the expectation of results from the program change; and the estimated duration of the treatment program