B.__If the person hospitalized was found not criminally responsible by reason of mental disease or mental defect for a Class B, C, D or E offense, the petitioner must demonstrate by a preponderance of the evidence that the modified release treatment program, release on conditions or discharge may be granted without likelihood that the person will cause injury to that person or to others due to mental disease or mental defect.

4. Return to institution upon commissioner's order. The commissioner may order any a person released under subsection 1, paragraph A, who fails to comply with the conditions of release ordered by the court, as evidenced by the affidavit of any interested person, to return to the institution from which he the person was released. A hearing shall must be held for the purpose of reviewing the order for release within 7 days of the person's return if the person will be detained for 7 or more days. At the hearing, the court shall receive testimony of the psychiatrist who observed or treated the person upon the person's return to the institution, and any member of the State Forensic Service who has examined the person upon the person's return, and any other relevant testimony. Following hearing, the court may reissue or modify the previous order of release.

5. Reinstitutionalization due to likelihood of causing injury. Any A person released under subsection 1, paragraph A, whose reinstitutionalization, due to the likelihood that he the person will cause injury to himself that person or others due to mental disease or mental defect, is considered necessary, upon the verified petition of any interested person, may be brought before any a Justice of the Superior Court upon his the justice's order. A hearing shall must be held for the purpose of reviewing the mental condition of the person and the order for release. The court may order the person detained for observation and treatment, if appropriate, at the institution from which he the person was released pending the hearing, which detention shall may not exceed 14 days. The psychiatrist responsible for the observation or treatment of the person shall report to the court prior to the hearing as to the mental condition of the person, indicating specifically whether the person can remain in the