6.__Review of release.__The release of a conditionally released person to a less restrictive alternative must be reviewed by the court that released the person no later than one year after the conditional release and annually thereafter until the person is unconditionally discharged.__Review may occur in a shorter time or more frequently, if the court, in its discretion on its own motion or on motion of the conditionally released person, the commissioner or the prosecuting attorney determines a shorter review time is desirable.__The sole question to be determined by the court is whether the conditional release to a less restrictive alternative should be continued.__The court in making its determination must be aided by the periodic reports filed pursuant to subsection 5 and the opinions of the commissioner and other experts or professional persons.

§3935.__Revocation of conditional release

1.__Petition.__The department, any service provider required to submit reports pursuant to section 3934, the prosecuting attorney or the corrections supervisor may petition the court to schedule, or the court on its own motion may schedule, an immediate hearing for the purpose of revoking or modifying the terms of the person's conditional release to a less restrictive alternative if the petitioner or the court believes the released person is not complying with the terms and conditions of the release or is in need of additional care and treatment.

2.__Apprehension.__If the department, the prosecuting attorney, the corrections supervisor or the court, based upon information received, reasonably believes that a conditionally released person is not complying with the terms and conditions of the conditional release to a less restrictive alternative, the court or corrections supervisor may order that the conditionally released person be apprehended and taken into custody until a hearing can be scheduled to determine whether the person's conditional release should be revoked or modified.__The court must be notified of the person's apprehension before the close of the next judicial day.__Both the prosecuting attorney and the conditionally released person may request an immediate mental examination of the conditionally released person.__If the conditionally released person is indigent, the court, upon request, shall assist the person in obtaining a qualified expert or professional person to conduct the examination.