77-16a-306 - Continuing review -- Discharge.
77-16a-306. Continuing review -- Discharge.
(1) Each entity that provides treatment for a defendant committed to the department asnot guilty by reason of insanity under this part shall review the status of each defendant at leastonce every six months. If the treatment provider finds that a defendant has recovered from hismental illness, or if still mentally ill, no longer presents a substantial danger to himself or others,it shall notify the executive director of its findings.
(2) Upon receipt of notification under Subsection (1), the executive director shalldesignate a review team, in accordance with Section 77-16a-304, to evaluate the defendant. Ifthat review team concurs with the treatment provider's assessment, the executive director shallnotify the court, the defendant's attorney, and the prosecuting attorney that the defendant is acandidate for discharge. The court shall conduct a hearing, in accordance with Section77-16a-302, within 10 business days after receipt of that notice.
(3) The court may not discharge an individual whose mental illness is in remission as aresult of medication or hospitalization if it can be determined within reasonable medicalprobability that without continued medication or hospitalization the defendant's mental illnesswill reoccur, making the defendant a substantial danger to himself or others.
Enacted by Chapter 171, 1992 General Session