§ 7801. Application for discharge

(a) A patient who has been ordered hospitalized may apply for discharge to the Criminal Division of the Superior Court within which the hospital is located. A patient who has been ordered to receive treatment other than hospitalization may apply for discharge to the Criminal Division of the Superior Court which originally entered the order; the court in its discretion may transfer the matter, for the convenience of witnesses or for other reasons, to the Criminal Division of the Superior Court within which the treatment is centered or in which the patient resides. Applications may be made no sooner than 90 days after the issuance of an order of continued treatment or no sooner than six months after the filing of a previous application under this section.

(b) The hearing on the application for discharge shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.

(c) If the court finds that the applicant is not a patient in need of further treatment, it shall order the patient discharged.

(d) If the court finds that the applicant is a patient in need of further treatment, it shall deny the application and order continued treatment for an indeterminate period in accordance with subsections 7621(b), (c), and (d) of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 238.)