| 2. Modified release treatment. Any individual hospitalized |
| committed pursuant to section 103 may petition the Superior Court |
for the county in which that person is hospitalized |
| a release treatment program allowing the individual to be off |
| institutional grounds for a period of time, not to exceed 14 days |
| at any one time. The petition must contain a report from the |
| institutional staff, including at least one psychiatrist, and the |
| report must define the patient's present condition; the planned |
| treatment program involving absence from the institution; the |
| duration of the absence from the institution; the amount of |
| supervision during the absence; the expectation of results from |
| the program change; and the estimated duration of the treatment |
| program 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 |
acquitted by reason of insanity |
| 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 Health and Human 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. |
