| 1. Release and discharge. The term "release," as used in |
this section, means termination of institutional in-patient |
inpatient residency and return to permanent residency in the |
community. The head of the institution in which a person is |
placed, under section 103, shall, annually, forward to the |
Commissioner of Health and Human Services a report containing the |
opinion of a staff psychiatrist as to the mental conditions of |
that person, stating specifically whether the person may be |
released or discharged without likelihood that the person will |
cause injury to that person or to others due to mental disease or |
mental defect. The report must also contain a brief statement of |
the reasons for the opinion. If a person who has been found not |
criminally responsible by reason of insanity for the crime of |
murder or a Class A crime and was committed under section 103 is |
the subject of a report finding that the person may be released, |
the report must specifically describe the supervision the |
Department of Health and Human Services will provide and must |
specifically include measures the department will take to provide |
psychoactive medication monitoring. The commissioner shall |
immediately file the report in the Superior Court for the county |
in which the person is committed. The court shall review each |
report and, if it is made to appear by the report that any person |