before further change. This petition must be forwarded to the |
court no later than 60 days prior to the beginning of the |
modified treatment program. If the court considers that the |
individual being off the grounds, as described in the treatment |
plan, is inappropriate, it shall notify the hospital that the |
plan is not approved and shall schedule a hearing on the matter. |
The clerk of courts upon receipt of the proposed treatment |
program shall give notice of the receipt of this program by |
mailing a copy to the office of the district attorney that |
prosecuted the criminal charges of which the person was |
acquitted by reason of insanity found to be guilty but insane, |
the offices of the district attorneys in whose district the |
release petition was filed or in whose district release may |
occur and the Attorney General who may file objections and |
request a hearing on the matter. Representatives of the |
Attorney General and the office that prosecuted the person may |
appear at any hearing on the matter. At the hearing, the court |
shall receive the testimony of a member of the State Forensic |
Service who has examined the person, any independent |
psychiatrist or licensed clinical psychologist who is employed |
by the prosecuter prosecutor and has examined the person and any |
other relevant testimony. If the court does not respond within |
60 days to the proposed treatment plan and no objections and |
request for hearing are filed by the district attorney or |
Attorney General, it may then be put into effect by the |
administrator of the hospital on the assumption that the court |
approved the treatment plan. The Commissioner of Behavioral and |
Developmental Services shall inform the public safety officer of |
the municipality or the sheriff's office of the county in which |
the person will spend any unsupervised time under the release |
treatment program of that program. |