2C:4-9. Release of Persons Comitted by Reason of Insanity.
a. If a person
has been committed pursuant to section 2C:4-8 or section 2C:4-6 and if
the commissioner, or his designee, or the superintendent of the
institution to which the person has been committed, is of the view that a
person committed to his custody, pursuant to section 2C:4-8 or section
2C:4-6, may be discharged or released on condition without danger to
himself or to others, or that he may be transferred to a less
restrictive setting for treatment, the commissioner or superintendent
shall make application for the discharge or release of such person in a
report to the court by which such person was committed and shall
transmit a copy of such application and report to the prosecutor, the
court, and defense counsel. The court may, in its discretion, appoint
at least two qualified psychiatrists, neither of whom may be on the
staff of the hospital to which the defendant had been committed, to
examine such person and to report within 30 days, or such longer period
as the court determines to be necessary for the purpose, their opinion
as to his mental condition.
b.
The court shall hold a hearing to determine whether the committed
person may be safely discharged, released on condition without danger to
himself or others, or treated as in civil commitment. The hearing
shall be held upon notice to the prosecutor and with the prosecutor's
opportunity to be heard. Any such hearing shall be deemed a civil
proceeding. According to the determination of the court upon the
hearing, the court shall proceed as in section 2C:4-8b. (1), (2) or
(3).
c.
A committed person may make application for his discharge or release
to the court by which he was committed, and the procedure to be
followed upon such application shall be the same as that prescribed
above in the case of an application by the commissioner.
d. Each defendant's case shall be specifically reviewed as provided by the law governing civil commitment.
L.1978, c.95; amended 1979, c.178, s.16; 1996, c.133, s.3.
