US Laws, Codes, Statutes & Cases

§27-6A-4. Release from jurisdiction of the court; discharge.
(a) No later than thirty days prior to the release of a defendant because of the expiration of the court's jurisdiction, if the defendant's supervising physician or psychologist believes that the defendant's mental illness or mental retardation or addiction causes the defendant to be dangerous to self or others, the supervising physician or psychologist shall notify the prosecuting attorney in the county of the court having jurisdiction of such opinion and the basis therefor. Following this notification, the prosecuting attorney shall file a civil commitment application against the defendant, pursuant to article five of this chapter.
(b) Except as provided in subsection (g), section two of this article, the court may discharge a mentally ill or addicted defendant from the court's jurisdiction prior to the expiration of the period specified in this section only when the court finds that the person is no longer mentally ill or addicted and that the person is no longer a danger to self or others: Provided, That a defendant may not be released from the court's jurisdiction when the defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment only if it can be determined by clear and convincing evidence that with continued outpatient therapy or other mode of outpatient treatment, the defendant's mental illness does not make him or her a danger to self or others. When a defendant's mental illness is in remission solely as a result of medication or hospitalization or other mode of treatment, the court in its discretion, may make the continuance of the medication or other mode of treatment a condition of the defendant's release. Upon notice that a defendant who is released on the condition that he or she continues medication or other mode of treatment does not continue his medication or other mode of treatment, the prosecuting attorney shall, by motion, cause the court to reconsider the defendant's release. Upon a showing that defendant is in violation of the conditions of his or her release, the court shall reinstate its jurisdiction over the defendant. The court may discharge a mentally retarded defendant from the court's jurisdiction prior to the expiration of the period specified in this section only when the court finds that the person is no longer a danger to self or others.
(c) Those persons committed under the provisions of this article may be released or discharged from the inpatient mental health facility only upon entry of an order from the court of record which committed the defendant, finding that the defendant will not be a danger to self or others if so released, based upon the evidence admitted at the hearing.
(d) The court shall promptly conduct a hearing after receipt of the physician's or psychologist's notification referred to in subsection (a) of this section. The clerk shall notify the prosecuting attorney and the victim or next of kin of the victim of the offense for which the defendant was committed of the hearing. The burden shall be on the victim or next of kin of the victim to keep the court apprised of the defendant's current mailing address.