(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)
(1) 
When, in the opinion of the professional person providing involuntary treatment, the committed person can be appropriately served by out-patient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a term of conditional release for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If the facility or agency designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the terms of conditional release shall be given to the patient, patient counsel, guardian or conservator of the committed person, the Tulalip Tribal Designated Crisis Responder and to the Tribal Court.
(2) 
Before a person committed under grounds set forth in this chapter is conditionally released under subsection (1) of this section, the professional person in providing involuntary treatment shall telephonically or in writing notify the Tribal Prosecutor of the decision to conditionally release the person. Notice and a copy of the terms of conditional release shall be provided at least 15 days before the person is released from inpatient care. Within five days after receiving notice, the Tribal Prosecutor may petition the Tribal Court to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. The Tribal Prosecutor shall provide a copy of the petition to the professional person providing involuntary treatment, the attorney, if any, the guardian or conservator of the committed person, and the Tribal Court. The Tribal Court shall conduct a hearing on the petition within five days of the filing of the petition. The committed person shall have the same rights with respect to 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 jury trial. The issue to be determined at the hearing is whether or not the person may be conditionally 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 conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the Tribal Court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis 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.
(3) 
The facility or agency designated to provide outpatient care may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions. Enforcement or revocation proceedings related to a conditional release order may occur as provided under this chapter.
(Res. 2023-513 § 1)
When a person has been involuntarily committed for treatment to a hospital for a period of 90 or 180 days, and is subsequently discharged, the Tribal Behavioral Health Program must coordinate, to the extent possible, with the hospital to develop an individualized discharge plan and arrange for a transition to the community according to the person’s individualized discharge plan within 14 days of the determination. The Tribal Behavioral Health Program may enter into an MOU, MOA, or agreement with another entity to perform this service.
(Res. 2023-513 § 1)