Hawaii Revised Statutes > Division 5 > Title 37 > Chapter 704 > § 704-415. Disposition of application for discharge, conditional release, or modification of conditions release, or modification of conditions of release
Current as of: 2010
(1) If the court is satisfied from the report filed pursuant to section 704-414, and such testimony of the reporting examiners as the court deems necessary, that:
(a) The person is affected by a physical or mental disease, disorder, or defect and the discharge, conditional release, or modification of conditions of release applied for may be granted without danger to the committed or conditionally released person or to the person or property of others; or
(b) The person is no longer affected by a physical or mental disease, disorder, or defect,
the court shall grant the application and order the relief. If the court is not so satisfied, it shall promptly order a hearing.
(2) Any such hearing shall be deemed a civil proceeding and the burden shall be upon the applicant to prove that the person is no longer affected by a physical or mental disease, disorder, or defect or may safely be either released on the conditions applied for or discharged. According to the determination of the court upon the hearing, the person shall be:
(b) Released on such conditions as the court determines to be necessary; or
(c) Recommitted to the custody of the director of health, subject to discharge or release only in accordance with the procedure prescribed in section 704-412.
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