§ 36-4008 – Revocation of conditional release to a less restrictive alternative; hearing
36-4008. Revocation of conditional release to a less restrictive alternative; hearing (Eff. 1/1/24) A. If the attorney for the state, the medical director or the court believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of […]
§ 36-4009 – Petition for discharge; procedures; annual report
36-4009. Petition for discharge; procedures; annual report (Eff. 1/1/24) A. If the medical director determines that the committed defendant’s mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if discharged but remains incompetent to stand trial, the medical director shall allow the committed defendant to petition the court […]
§ 36-4010 – Place for proceedings; transportation; immunity
36-4010. Place for proceedings; transportation; immunity (Eff. 1/1/24) A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons: 1. A hearing on a biannual examination. 2. A hearing on a petition for conditional release […]
§ 36-4011 – Findings
36-4011. Findings (Eff. 1/1/24) A finding made by the court pursuant to this article is inadmissible in any proceeding other than a proceeding under this article, under title 13, chapter 41 or under chapter 5 of this title.
§ 36-4101 – Definitions
36-4101. Definitions In this article, unless the context otherwise requires: 1. " Department" means the department of health services. 2. " Director" means the director of the department. 3. " Trauma recovery center" means a treatment center that provides at least the following resources, treatments and recovery services to crime victims: (a) Mental health services. […]
§ 36-4102 – Trauma recovery center fund; exemption; grants
36-4102. Trauma recovery center fund; exemption; grants A. The trauma recovery center fund is established consisting of legislative appropriations, grants and contributions. The director shall administer the fund for the purposes prescribed in this article. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to […]
§ 36-4103 – Annual report
36-4103. Annual report On or before October 1 of each year, the department shall provide an annual report to the governor, the speaker of the house of representatives and the president of the senate that includes information from each trauma recovery center that receives grant monies pursuant to this article on the population served. The […]
§ 36-4002 – Biannual examination of committed persons; report; records access; attorney withdrawal
36-4002. Biannual examination of committed persons; report; records access; attorney withdrawal (Eff. 1/1/24) A. The psychiatrist, psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to the court, […]
§ 36-4003 – Disposition
36-4003. Disposition (Eff. 1/1/24) After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that: 1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume. 2. The committed defendant has not been restored to competency and: (a) The committed defendant is not dangerous, the […]
§ 36-3904 – Location
36-3904. Location Every children’s camp shall be located on well-drained ground near an adequate safe water supply.