LD 1237, Page 3 - 121th Legislature, FIRST REGULAR Session

request a hearing on the matter. Representatives of the

~~Attorney General and the~~ prosecutorial office that prosecuted

the person may appear at any hearing on the matter. At the

hearing, the court shall receive the testimony of at least one

psychiatrist who has treated the person and of a member of the

State Forensic Service who has examined the person, the

testimony of any independent psychiatrist or licensed clinical

psychologist who is employed by the ~~prosecuter~~ prosecutor or

petitioner 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~~ law enforcement agency 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~~.

3. Other provisions concerning initial release or
discharge. A report must be forwarded and filed and hearings
must be held in accordance with subsection 1, without
unnecessary delay when, at any time, it is the opinion of a
staff psychiatrist that a patient hospitalized under section
103, may be released or discharged without likelihood that the
patient will cause injury to that patient or to others due to
mental disease or mental defect.

A person hospitalized under section 103, or the person's
spouse or next of kin, may petition the Superior Court for the
county in which that person is hospitalized for a hearing
under subsection 1. Upon receiving the petition, the court
shall request and must be furnished by the Commissioner of
Behavioral and Developmental Services a report on the mental
condition of that person, as described in subsection 1. A
hearing must be held on each petition, and release or
discharge, if ordered, must be in accordance with subsection
1. If release or discharge is not ordered, a petition may not
be filed again for the release or discharge of that person for
6 months. ~~Any~~ A person released under subsection 1 or the
person's spouse or next of kin may at any time after 6 months
from the release petition the Superior Court for the county in
which that person was hospitalized for that person's discharge
under subsection 1. If discharge is not ordered, a petition
for discharge may not be filed again for 6 months.

3-A.__Petitioner's burden of proof.__In a hearing pursuant
to subsection 1, 2 or 3, the petitioner's burden of proof is
as follows.

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