C.__Housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the department and the court and immediately to report to the court, the prosecuting attorney and the corrections supervisor if the person leaves the housing to which the person has been assigned without authorization;

D.__The committed person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and the court; and

E.__The committed person is willing to comply with supervision requirements imposed by the Department of Corrections and the conditions of any period of supervised release imposed pursuant to Title 17-A, chapter 50.

2.__Decision.__The court shall direct as follows.

A.__Upon the conclusion of the evidence in a hearing on a petition for conditional release to a less restrictive alternative, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions for release have been met, the court shall grant a motion by the State for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.

B.__When the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form:__"Has the State proved beyond a reasonable doubt that the proposed less restrictive alternative is not in the best interest of the respondent or will not adequately protect the community? Answer: Yes or No."

§3934.__Conditional release to less restrictive alternative;

judgment; conditions

1.__Judgment.__Conditional release to a less restrictive alternative is permitted if the court or jury determines that conditional release to a less restrictive alternative is in the best interest of the committed person and will adequately protect the community and if the court determines that the minimum conditions set forth in section 3933, subsection 1 have been met.