(1)
A professional person in charge of the hospital or facility in which the person is being involuntarily treated may release him or her before the expiration of the commitment period when, in the opinion of the superintendent or professional person in charge, the person being involuntarily treated no longer presents a likelihood of serious harm nor is gravely disabled.
(2)
Before a person committed under grounds set forth in this chapter is released under this section, the professional person in charge shall telephonically or in writing notify the Tribal Prosecutor. Notice shall be provided at least 15 days before the release date.
(3)
Within five days after receiving notice under subsection (2) of this section, the Tribal Prosecutor may petition the court for a hearing to determine whether the person is to be released. The Tribal Prosecutor shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and the guardian or conservator of the committed person. The Tribal Court shall conduct a hearing on the petition within five days of filing the petition. The committed person shall have the same rights concerning notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to a jury trial. The issue to be determined at the hearing is whether or not the person may be released without substantial danger to themselves or other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the Tribal Court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the Court upon the hearing, the committed person shall be released or shall be returned for involuntary treatment subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.
(Res. 2023-513 § 1)