(a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. (b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical directorâs designee shall notify the patient of the discharge procedures under this section and obtain the patientâs consent for discharge. The medical director or the medical directorâs designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patientâs medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical directorâs designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. (2) The medical director or the medical directorâs designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patientâs medical condition and the status of the patientâs release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. (3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical directorâs designee to the court that the patientâs commitment be suspended for compassionate release and the patient released from the department facility. (4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patientâs commitment be suspended for compassionate release and the patient released from the department facility. (5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. (C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patientâs care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. (c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patientâs commitment should be suspended and the patient released. (d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation,
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