§ 5-2-316 - Conditional release -- Subsequent discharge, modification, or revocation.
5-2-316. Conditional release -- Subsequent discharge, modification, or revocation.
(a) (1) Any person conditionally released pursuant to 5-2-314 or 5-2-315 may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that he or she may be discharged or the order modified without danger to himself or herself or to the person or property of another.
(2) The application shall be accompanied by a supporting affidavit of a qualified physician.
(3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.
(b) (1) Within five (5) years after the most recent order of conditional release is issued pursuant to 5-2-314 or 5-2-315 and after notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another the conditional release should be modified or revoked.
(2) (A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, including the five-year conditional release time frame in subdivision (b)(1) of this section, and the person shall be ordered to be committed to the custody of the Director of the Department of Human Services or the director's designee.
(B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or release only in accordance with the procedure prescribed in 5-2-315.