36-4010. Place for proceedings; transportation; immunity

A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons:

1. A hearing on a biannual examination.

2. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-4005.

3. A hearing on a petition for discharge pursuant to section 36-4009.

4. Any evidentiary hearing in which the presence of a committed defendant is necessary.

5. Any court proceeding not otherwise specified in this article where the presence of the committed defendant is required.

B. Subsection A of this section does not apply to any committed defendant who the court has determined is subject to discharge pursuant to section 36-4009 or to any necessary medical transports.

C. Subsection A of this section does not preclude any proceeding from being held on the grounds of the a secure state mental health facility or from using a telephonic conference or an interactive audiovisual device. The court shall adopt rules concerning the conduct of proceedings pursuant to this article.  The rules shall ensure the safety of all persons. The rules may include provisions that allow for proceedings to be held on the grounds of a secure state mental health facility or for the use of a telephonic conference or an interactive audiovisual device.

D. The medical director is responsible for transporting a committed defendant to and from a medical facility. The medical director shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the committed defendant. In determining the appropriate mode of transportation and level of security and restraint, the medical director shall consider the safety of the public, the transporting personnel and the detained or committed defendant.

E. The medical director and any county sheriff are immune from liability for any good faith acts under this section.