PUBLIC Law Chapter 464

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 committed 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 prosecutor 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:

A. Release from the institution, provided that:

(1) The order for release ~~may include~~ includes conditions
determined appropriate by the court, including, but not
limited to, ~~out-patient~~ outpatient treatment and
supervision by the Department of Health and Human
Services, Division of Mental Health.__If the order for
release covers a person found not criminally
responsible by reason of insanity for the crime of
murder or a Class A crime and was committed under
section 103, the order must direct the Department of
Health and Human Services to provide the level of
supervision necessary, including specific measures to
provide psychoactive medication monitoring; 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 Health
and Human 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 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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