13-3994. Persons under the jurisdiction of the psychiatric security review board; hearing; mental health report; risk assessment; conditional release; board notices and decisions
(L21, Ch. 390, sec. 14. Eff. until 7/1/23)
A. A person who is placed under the jurisdiction of the board pursuant to this section is not eligible for discharge from the board's jurisdiction until the date that the board's jurisdiction over the person expires as set by the committing court or the person's case is transferred back to the superior court.
B. The board may set a hearing pursuant to section 13-3995. An outpatient treatment supervisor may request a hearing pursuant to section 13-3996. A person who is placed under the jurisdiction of the board may request a hearing pursuant to section 13-3997. After the hearing, the board may take one of the following actions:
1. If the board finds that the person still has a mental disease or defect and is dangerous, the board shall order that the person remain committed at the secure mental health facility.
2. If the board finds that the person no longer needs ongoing treatment for a mental disease or defect and is not dangerous, the board shall order the person's transfer to the superior court pursuant to section 13-4001 for either a judicial review or placement on supervised probation for the remainder of the commitment term imposed pursuant to section 13-502, subsection D, or both. Before determining to transfer a person pursuant to this paragraph, the board shall consider the entire criminal history of the person. The board's jurisdiction over the person terminates when the person is transferred to the superior court.
3. If the board finds that the person still has a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the board shall order the person's conditional release. The person shall remain under the board's jurisdiction.
4. If the person is sentenced pursuant to section 13-704, section 13-710 or section 13-751, subsection A and the board finds that the person no longer needs ongoing treatment for a mental disease or defect and the person is dangerous, the board shall order the person to be transferred to the superior court for the imposition of a sentence or a judicial review pursuant to section 13-4001, or both. The board shall consider the safety and protection of the public.
C. A person who is conditionally released is subject to all of the following:
1. The board in conjunction with the secure mental health facility and supervisors from behavioral health community providers shall agree on and specify the conditions of the person's release. The board shall monitor the person on conditional release.
2. Before the person is conditionally released, a supervised treatment plan must be in place.
3. The board may implement the person's conditional release in incremental steps beginning with supervised passes into the community for increasing lengths of time, continuing through independent passes and ending with release to live in the community. Before implementing each stage of conditional release, the board must find by clear and convincing evidence that the community will be protected and the person will be safe under the proposed supervised treatment plan.
4. If approved by the board, pass supervisors may include members of the inpatient or outpatient treatment team, other mental health treatment providers or other responsible persons who are willing to ensure that the person abides by the conditional release terms.
5. The secure mental health facility shall implement the board's conditional release order or immediately request a hearing pursuant to section 13-3996 to explain why the order has not been implemented and propose a revised order.
D. At any board hearing for release or conditional release:
1. Public safety and protection are primary.
2. The party or treatment supervisor who is seeking a change in privileges or a change in hospitalization has the burden of proof by clear and convincing evidence.
E. Unless otherwise provided in this section or on a showing of sufficient cause, a party or treatment supervisor shall submit a request for a hearing to the board at least forty-five days before the requested hearing date and shall include the reasons for the request. The requesting party shall provide the board, the treatment supervisor, if the request is not made by the treatment supervisor, and all other parties with a copy of the hearing request.
F. The chairperson or vice chairperson of the board shall provide written notice of the hearing or a denied request for a hearing to all parties and the person's treatment supervisor within three days after receiving a request for the hearing. The board may include with the notice a request for a mental health report, an updated risk assessment report and specific records from the person's medical record or testimony from a specific member of the person's treatment team. This subsection does not prohibit the board from issuing a subpoena pursuant to section 41-1092.07.
G. In addition to testimony at any hearing, the board may consider only reports, documents, written statements and materials that are submitted to the board, the treatment supervisor and the parties at least forty-five days before the date of the hearing. A witness must be notified at least fourteen days before the date of the hearing. The board may grant a request to continue a hearing in order to comply with this subsection.
H. The board's decision is effective on issuance of the board's written decision. The board shall issue a written decision to all parties, any victim and the committing court within seven days after the conclusion of the hearing. The written decision shall contain a summary of the evidence that the board found to be credible and any evidence that the board found unpersuasive, specific separately stated findings of fact and conclusions of law and information on the person's right to appeal pursuant to title 12, chapter 7, article 6. The findings of fact shall include a concise and explicit statement of the underlying facts that support the findings. Any portion of the board's order that contains personal identifying information about the patient, treatment supervisor or pass supervisor shall be maintained in a separate confidential section and may not be disclosed to the public or to a victim. For the purposes of this subsection, " personal identifying information" includes a person's date of birth, social security number, phone number and address and employer information.
I. On the request of any party, the board shall grant a reasonable request for a hearing or a continuance for a previously scheduled hearing. A request for a hearing or a continuance for a previously scheduled hearing may be ruled on by the chairperson or vice chairperson. If the request for a hearing or a continuance is denied, the moving party may request that the full board reconsider the request at the next scheduled board meeting.