77-16a-305. Conditional release.
(1) If the review team finds that a defendant is not eligible for discharge, in accordance
with Section 77-16a-304, but that his mental illness and dangerousness can be controlled with
proper care, medication, supervision, and treatment if he is conditionally released, the review
team shall prepare a report and notify the executive director, or his designee, that the defendant is
a candidate for conditional release.
(2) The executive director, or his designee, shall prepare a conditional release plan, listing
the type of care and treatment that the individual needs and recommending a treatment provider.
(3) The executive director, or his designee, shall provide the court, the defendant's
attorney, and the prosecuting attorney with a copy of the report issued by the review team under
Subsection (1), and the conditional release plan. The court shall conduct a hearing on the issue of
conditional release within 30 days after receipt of those documents.
(4) The court may order that a defendant be conditionally released if it finds that, even
though the defendant presents a substantial danger to himself or others, he can be adequately
controlled with supervision and treatment that is available and provided for in the conditional
release plan.
(5) The department may provide treatment or contract with a local mental health authority
or other public or private provider to provide treatment for a defendant who is conditionally
released under this section.
Amended by Chapter 285, 1993 General Session
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Last revised: Thursday, May 28, 2009