36-4008. Revocation of conditional release to a less restrictive alternative; hearing

A. If the attorney for the state, the medical director or the court believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the medical director or the attorney for the state may petition the court for, or the court on its own motion may schedule, a hearing for the purpose of revoking or modifying the terms and conditions of the committed defendant's conditional release. The hearing shall be held within ten days after the petition is filed.

B. If the attorney for the state or the court reasonably believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of the committed defendant's conditional release or is in need of additional care or treatment or that the circumstances of the release have changed so that the community is no longer safe, the court may order that the conditionally released committed defendant be detained and taken into custody until a hearing can be scheduled to determine if the committed defendant's conditional release should be revoked or modified. The court and the committed defendant shall be notified before the close of the next judicial day of the committed defendant's detention. The attorney for the state and the committed defendant may request an immediate mental examination of the committed defendant. If the conditionally released committed defendant is indigent, the court, on request, shall assist the committed defendant in obtaining a competent professional to conduct the examination.

C. Within five days after receiving notice of the committed defendant's detention, the court shall schedule a hearing. At the hearing, the court shall determine if the state has proved by a preponderance of the evidence that the committed defendant who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release or is in need of additional care or treatment, if the circumstances of the release have changed so that the community is no longer safe, if the committed defendant should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the committed defendant should be committed to total confinement, subject to release only under the provisions of this article.  The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.