6. Involuntary hospitalization; notice; appointed counsel. Any A person released under subsection 1, paragraph A, may be admitted to a hospital under any provision of Title 34-B, chapter 3, subchapter IV 4, Article 3, while the order for release is in effect.

Notice of any hearing under subsection 1, 2, 3 or 5 shall must be given to the offices of the district attorney which prosecutorial office that prosecuted the criminal charges against the person for of which the person was acquitted found not criminally responsible by reason of insanity mental disease or mental defect, the offices of the district attorneys in whose district the release petition was filed or in whose district release may occur and the Attorney General at least 7 days before the hearing date. Notice of any hearing under subsection 4 shall must be given to the office of the district attorney and the Attorney General as soon as possible before the hearing date.

Whenever a hearing is to be held under this section, the court shall determine whether the person whose release or discharge is in issue is indigent. If the court finds that the person is indigent, it the court shall appoint counsel to represent the person in connection with the hearing. Fees for court-appointed counsel for services rendered in connection with any a hearing held under this section, or appeal from a decision in any a hearing, and the fees of any expert witnesses called by the district attorney, or the Attorney General or on behalf of the person whose release or discharge is in issue, if indigent, shall must be paid by the State. Any such fee to be in order for payment shall must be first approved by the justice presiding at the hearing held under this section.

SUMMARY

This bill specifies that proper use of prescribed medications may be a condition of release for a person found not criminally responsible by reason of mental disease or mental defect. This bill lessens the burden of proof for a petitioner seeking the release or discharge of a person hospitalized after having been found not criminally responsible by reason of mental