77-16a-304. Review after commitment.
(1) The executive director, or the executive director's designee, shall establish a review team of at least three qualified staff members to review the defendant's mental condition at least every six months. The team described in Subsectionshall include: (1)(a) at least one psychiatrist; and if the defendant has an intellectual disability, at least one staff member who is a designated intellectual disability professional.
(2) If the review team described in Subsectionfinds that the defendant has recovered from the defendant's mental condition, or, that the defendant still has a mental condition but does not present a substantial danger to self or others, the executive director, or the executive director's designee, shall: (1) notify the court that committed the defendant that the defendant is a candidate for discharge; and provide the court with a report stating the facts that form the basis for the recommendation.
(3) The court shall conduct a hearing within 10 business days after receipt of the executive director's, or the executive director's designee's, notification. The court clerk shall provide notice of the date and time of the hearing to: the prosecuting attorney; the defendant's attorney; and any victim of the crime for which the defendant was found not guilty by reason of insanity.
(4) The court shall order that the defendant be discharged from commitment if the court finds that the defendant: no longer has a mental condition; or has a mental condition, but no longer presents a substantial danger to self or others. The court shall order the person conditionally released in accordance with Sectionif the court finds that the defendant: 77-16a-305 has a mental condition; is a substantial danger to self or others; and can be controlled adequately if conditionally released with treatment as a condition of release. The court shall order that the commitment be continued if the court finds that the defendant: has not recovered from the defendant's mental condition; is a substantial danger to self or others; and cannot adequately be controlled if conditionally released on supervision. Except as provided in Subsection, the court may not discharge a defendant whose mental condition is in remission as a result of medication or hospitalization if it can be determined within reasonable medical probability that without continued medication or hospitalization the defendant's mental condition will reoccur, making the defendant a substantial danger to self or others. (4)(d)(ii) Notwithstanding Subsection, the defendant described in Subsectionmay be a candidate for conditional release, in accordance with Section. (4)(d)(i) (4)(d)(i) 77-16a-305