§27-6A-5. Release of acquitee to less restrictive environment;
discharge from jurisdiction of the court.
(a) If, at any time prior to the expiration of the court's
jurisdiction, the chief medical officer or responsible official of
the mental health facility to which an acquitee has been ordered
pursuant to subsection (e), section four of this article believes
that the acquitee is not mentally ill or does not have significant
dangerousness risk factors associated with mental illness, he or
she shall file with the court of record notice of the belief and
shall submit evidence in support of the belief to include a
forensic evaluation dangerousness report conducted in like manner
as said subsection and recommendations for treatment, including
medications, that reduce or eliminate the dangerousness risk
factors associated with mental illness. The court of record shall
hold a hearing within thirty days of receipt of the notice to
consider evidence as to whether the acquitee shall be released from
the mental health facility to a less restrictive environment.
Notice of the hearing shall be made available to the prosecuting
attorney responsible for the charges brought against the acquitee
at trial, the acquitee and his or her counsel and the mental health
facility. If upon consideration of the evidence the court
determines that an acquitee may be released from a mental health
facility to a less restrictive setting, the court shall order,
within fifteen days of the hearing, the acquitee be released upon
terms and conditions, if any, the court considers appropriate for the safety of the community and the well-being of the acquitee.
Any terms and conditions imposed by the court must be protective
and therapeutic in nature, not punitive. When a defendant's
dangerousness risk factors associated with mental illness are
reduced or eliminated as a result of any treatment, the court, in
its discretion, may make the continuance of appropriate treatment,
including medications, a condition of the defendant's release from
inpatient hospitalization. The court shall maintain jurisdiction
of the defendant in accordance with said subsection. Upon notice
that an acquitee released on the condition that he or she continues
appropriate treatment does not continue his or her treatment, the
prosecuting attorney responsible for the charges brought against
the acquitee at trial shall, by motion, cause the court to
reconsider the acquitee's release and upon a showing that the
acquitee is in violation of the conditions of his or her release,
the court may reorder the acquitee to a mental health facility
designated by the department which is the least restrictive setting
appropriate to manage the acquitee and protect the public.
(b) No later than thirty days prior to the release from a
mental health facility or other management setting of an acquitee
because of the expiration of the court's jurisdiction as set in
accordance with subsection (e), section four of this article, if
the acquitee's physician, psychologist, chief medical officer or
other responsible party is of the opinion that the acquitee's
mental illness renders the acquitee to be likely to cause serious harm to self or others, the supervising physician, psychologist,
chief medical officer or other responsible party shall notify the
court of record who shall promptly notify the prosecuting attorney
in the county of the court having jurisdiction of the opinion and
the basis for the opinion. Following notification, the prosecuting
attorney may file, within ten days, a civil commitment application
against the acquitee pursuant to article five of this chapter.