36-3713. Revocation of conditional release to
a less restrictive alternative; hearing
A. If the petitioner or the court believes that the person who is conditionally
released to a less restrictive alternative is not complying with the terms and conditions
of release or is in need of additional care and treatment, the designated service
provider or the attorney for the state may petition the court for, or the court on its
own motion may schedule, a hearing for the purpose of revoking or modifying the terms and
conditions of the person's conditional release. The hearing shall be held within ten
days after the petition is filed.
B. If the attorney for the state or the court reasonably believes that a person who
is conditionally released to a less restrictive alternative is not complying with the
terms and conditions of the person's conditional release, is in need of additional care
or treatment or if the circumstances of the release have changed so that the community is
no longer safe, the court, the department of health services or the probation officer may
order that the conditionally released person be detained and taken into custody until a
hearing can be scheduled to determine if the person's conditional release should be
revoked or modified. The court shall be notified before the close of the next judicial
day of the person's detention. The attorney for the state and the conditionally released
person may request an immediate mental examination of the person. If the conditionally
released person is indigent, the court, on request, shall assist the person in obtaining
a competent professional to conduct the examination.
C. Within five days after receiving notice of the person's detention, the court
shall schedule a hearing. At the hearing, the court shall determine if the state has
proved by a preponderance of the evidence that the person who is conditionally released
to a less restrictive alternative did not comply with the terms and conditions of
release, is in need of additional care or treatment or if the circumstances of the
release have changed so that the community is no longer safe and if the person should
continue on conditional release under the same or modified conditions or if the
conditional release should be revoked and the person should be committed to total
confinement, subject to release only under the provisions of this chapter. The court may
admit hearsay evidence if the court finds that the hearsay evidence is otherwise
reliable.
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