36-3711

36-3711. Conditional release to a less
restrictive alternative; findings

Before the court orders that a person be conditionally released to a less
restrictive alternative, the court shall find that all of the following apply:

1. The person will be treated by a provider who is qualified to provide the
necessary treatment in this state.

2. The provider presents a specific course of treatment for the person, agrees to
assume responsibility for the person's treatment, will report on the person's progress to
the court on a regular basis and will report any violations as prescribed in paragraphs 4
and 5 of this section immediately to the court, the attorney for the state and the
superintendent of the state hospital.

3. The person who is conditionally released to a less restrictive alternative has
housing arrangements that are sufficiently secure to protect the community and the person
or agency that is providing the housing to the conditionally released person agrees in
writing to the following conditions:

(a) To accept the conditionally released person.

(b) To provide the level of security that the court requires.

(c) To immediately report the unauthorized absence of the conditionally released
person from the housing arrangement to which the person has been assigned.

4. The person will comply with the provider and all of the requirements that are
imposed by the provider and the court.

5. The person will comply with the supervision requirements that are imposed by the
department of health services or the county probation department if the person is serving
a term of probation.