36-732. Early release from court ordered
treatment
A. An afflicted person under court ordered examination, treatment, monitoring,
isolation or quarantine pursuant to this article may be released before the expiration of
the period ordered by the court if the petitioner or the medical director of the
designated institution or program upon advice and consent from the tuberculosis control
officer or the officer's designee determines through an examination and evaluation of the
afflicted person that the afflicted person no longer has active tuberculosis or no longer
poses a substantial danger to another person or to the community and that release is
deemed appropriate.
B. Notice of the discharge from the institution, facility or program shall be
promptly given to the judge of the court that entered the court order. Without further
court order the afflicted person may be released or discharged in accordance with the
terms set forth in the treatment plan or court order.
C. On a finding of good cause the court may order a further hearing on a motion for
early discharge or to amend or modify an existing court order pursuant to an affidavit of
the petitioner or intervenor or the afflicted person or the afflicted person's attorney
that states the need for further evidentiary hearing and the reasons the hearing is
necessary before the time set for the release of the afflicted person.
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