23A-26-12.6 Failure to comply with regimen--Notice--Arrest--Court determination.
Failure to comply with regimen--Notice--Arrest--Court determination.
director of a medical facility responsible for administering the regimen imposed on an acquitted
person conditionally discharged under § 23A-26-12.5 shall notify the prosecuting attorney and the
court having jurisdiction over the person of any failure of the person to comply with the regimen.
Upon such notice, or upon other probable cause to believe that the person has failed to comply with
the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may
be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having
jurisdiction over him. The court shall, after hearing, determine whether the person should be
remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed
regimen of medical, psychiatric, or psychological care or treatment, his continued release would
create a substantial risk of bodily injury to another person or serious damage to property of another.
Source: SL 1985, ch 192, § 18.