3. Other provisions concerning initial release or discharge. A report must be forwarded and filed and hearings must be held in accordance with subsection 1, without unnecessary delay when, at any time, it is the opinion of a staff psychiatrist that a patient hospitalized under section 103, may be released or discharged without likelihood that the patient will cause injury to that patient or to others due to mental disease or mental defect.

A person hospitalized under section 103, or the person's spouse or next of kin, may petition the Superior Court for the county in which that person is hospitalized for a hearing under subsection 1. Upon receiving the petition, the court shall request and must be furnished by the Commissioner of Behavioral and Developmental Services a report on the mental condition of that person, as described in subsection 1. A hearing must be held on each petition, and release or discharge, if ordered, must be in accordance with subsection 1. If release or discharge is not ordered, a petition may not be filed again for the release or discharge of that person for 6 months. Any A person released under subsection 1 or the person's spouse or next of kin may at any time after 6 months from the release petition the Superior Court for the county in which that person was hospitalized for that person's discharge under subsection 1. If discharge is not ordered, a petition for discharge may not be filed again for 6 months.

3-A.__Petitioner's burden of proof.__In a hearing pursuant to subsection 1, 2 or 3, the petitioner's burden of proof is as follows.