§ 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.
§ 36-4001 – Definitions
36-4001. Definitions (Eff. 1/1/24) In this article, unless the context otherwise requires: 1. " Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. 2. " Biannually" […]
§ 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 […]
§ 36-4004 – Petition for conditional release; procedures
36-4004. Petition for conditional release; procedures (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 conditionally released to a less restrictive alternative, the medical director shall allow the committed defendant to petition the court for […]
§ 36-4005 – Conditional release to a less restrictive alternative; conditions; reports; review
36-4005. Conditional release to a less restrictive alternative; conditions; reports; review (Eff. 1/1/24) A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the committed defendant and will adequately protect the community and the court determines that the minimum conditions under section 36-4006 are met, the […]
§ 36-4006 – Conditional release to a less restrictive alternative; findings
36-4006. Conditional release to a less restrictive alternative; findings (Eff. 1/1/24) Before the court orders that a committed defendant be conditionally released to a less restrictive alternative, the court shall find that all of the following apply: 1. The committed defendant will be treated by a competent professional. 2. The competent professional presents a specific […]