Release of Defendant if Findings Not Made by Court

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The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that:

  1. There is probable cause to believe that the defendant is subject to care and treatment under § 33-6-502; and
  2. There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403.


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