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may be ready for release or discharge, the court shall set a date | | for and hold a hearing on the issue of the person's readiness for | | release or discharge. The court shall give notice of the hearing | | and mail a copy of the report to the Attorney General, offices of | | the district attorney that prosecuted the criminal charges for | which the person was acquitted by reason of insanity | | under section 103 and the offices of the district attorneys in | | whose district the release petition was filed or in whose district | | release may occur. At the hearing, the court shall receive the | | testimony of at least one psychiatrist who has treated the person | | and a member of the State Forensic Service who has examined the | | person, the testimony of any independent psychiatrist or licensed | clinical psychologist who is employed by the prosecuter | | and has examined the person and any other relevant testimony. If, | | after hearing, the court finds that the person may be released or | | discharged without likelihood that the person will cause injury to | | that person or to others due to mental disease or mental defect, | | the court shall order, as applicable: |
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| | | A. Release from the institution, provided that: |
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| | | (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 Health and Human Services, Division | | of Mental Health; and |
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| | | (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 |
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| | | B. Discharge from the custody of the Commissioner of Health | | and Human Services. |
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| | | 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 Health | | and Human 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. |
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| | | Sec. 3. 15 MRSA §104-A, sub-§2, as corrected by RR 1995, c. 2, §29 | | and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, | | §7, is further amended to read: |
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