Release from confinement—Notice and return to committing court; placing patient under care and custody of Commissioner of Health for posthospitalization treatment; recommendations of Commissioner of Health

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  • (a) Whenever any patient under the care and custody of the Commissioner of Health pursuant to this subchapter is to be released from confinement in accordance with the provisions thereof, the Commissioner of Health shall give written notice of such pending release to the committing court within ten days prior thereto and shall, at the time of the patient's release, promptly return him to that court. The court, after considering the recommendations of the Commissioner of Health with respect to posthospitalization treatment for any such patient so returned, may place such patient under the care and custody of the Commissioner of Health for the three-year period immediately following the patient's release for treatment and supervision under such posthospitalization program as the Commissioner of Health may direct.

    • Return to committing court for recommitment and submission to posthospitalization treatment

      • (b) If, at any time during such three-year period, any patient (1) fails or refuses to comply with the directions and orders of the Commissioner of Health in connection with such patient's posthospitalization treatment and supervision, or (2) is determined by the Commissioner of Health to be again using narcotic drugs, the Commissioner of Health may order such patient's immediate return to the committing court which may after hearing and for good cause recommit such patient to a hospital of the Service for additional treatment for a period not to exceed six months, and may require such patient thereafter to submit to a posthospitalization program in accordance with subsection (a) of this section.


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