§ 36-534 — Change to voluntary status; discharge; notice; hearing

A. If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the evaluation agency finds that it is more appropriate to discharge the patient or to admit the proposed patient on a voluntary basis, the medical director, after receiving approval from the court, shall either discharge the patient or admit the patient for further treatment on a voluntary basis.

B. If the court approves admitting a patient for whom a petition has been filed by a prosecutor pursuant to section 13-4517 to voluntary treatment or before a patient is discharged pursuant to this section, the medical director shall provide notice to the prosecuting agency at least twenty-four hours before releasing or discharging the patient. The evaluation agency shall detain the person for an additional twenty-four hours to allow for notification to the prosecuting agency. The prosecuting agency may request a hearing to determine whether the court should order the defendant returned to custody for a disposition pursuant to section 13-4517. For any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and to the prosecuting agency.