Conditional release

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  • (a)

    • (1) Notwithstanding the provisions of section 723 of this title, a person committed under section 722 of this title or section 723 may be conditionally released when, in the opinion of the attending psychiatrist or clinical psychologist familiar with the person's case history, the clinical needs of such person do not require active inpatient care and treatment but may still require follow-up care and monitoring.

    • (2) The conditional release of any person committed under sections 722 or 723 shall be in accordance with a written service plan prepared by a psychiatrist, psychologist or attending physician and staff familiar with the case history of the person to be conditionally released and in cooperation with appropriate social services officials. In causing such plan to be prepared, the Administrator of the treatment facility shall take steps to assure that the person to be conditionally released is interviewed, provided with an opportunity to actively participate in the development of such plan and is advised of whatever services might be available to him through the Division of Mental Health, Alcoholism and Drug Dependency and the Department of Health.

    • (3) The written service plan prepared pursuant to this section shall include, but shall not be limited to, the following:

      • (A) a statement of the patient's need, if any, for supervision, whether by a family member or other third party custodian, medication, after-care services, and a schedule of appointments, if any, to be kept with a psychiatrist, any other physician, or mental health professional;

      • (B) a specific recommendation of the type of residence in which the patient is to live and a listing of the services available to the patient in such residence;

      • (C) a listing of organizations, facilities, including those of the department, and individuals who are available to provide services in accordance with the identified needs of the patient; and

      • (D) assistance in finding employment following conditional release.

  • (b) The Administrator of the treatment facility, after consultation with the staff of the Division of Mental Health, Alcoholism and Drug Dependency and a psychiatrist, psychologist, or attending physician, is authorized to revoke the conditional release granted under this section to a person whenever it appears that the person has failed to comply with any condition of release such as taking of medication and keeping scheduled appointments, or upon facts or evidence presented by a family member, relative, mental health professional, or other responsible person, showing a need for immediate re-commitment because of the likelihood of harm to self or others, or for emergency treatment.


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