§ 29.15 Discharge and conditional release of patients to the community.\n (a) A patient may be discharged or conditionally released to the\ncommunity by the director of a department facility, if, in the opinion\nof staff familiar with the patient's case history, such patient does not\nrequire active in-patient care and treatment.\n (b) A patient may be conditionally released, rather than discharged,\nwhen in the opinion of staff familiar with the patient's case history,\nthe clinical needs of such patient warrant this more restrictive\nplacement, provided, however, that\n 1. an involuntary patient may be conditionally released only for the\nremainder of the authorized retention period; and\n 2. except as provided in subdivision (d) of this section, a voluntary\npatient may be conditionally released only for a twelve month period,\nprovided however that (i) a voluntary patient under sixteen years of age\nmay be conditionally released only after consultation with the parent,\nlegal guardian, or next-of-kin of such patient; (ii) a voluntary patient\nover sixteen and under eighteen years of age may be conditionally\nreleased only with his consent or with the consent of the parent, legal\nguardian, or next-of-kin of such patient; (iii) a voluntary patient\neighteen years of age or older may be conditionally released only with\nhis consent.\n (c) The director of a department facility from which any patient is\nconditionally released shall cause all such patients to be informed once\nduring each one hundred twenty days of conditional release of their\nstatus and rights, including their right to avail themselves of the\nfacilities of the mental hygiene legal service. At the time of such\nperiodic notification, the written consent of a patient to his continued\nstay on conditional release status shall be obtained and a copy thereof\nshall be given to the mental hygiene legal service.\n (d) 1. No voluntary patient who has been conditionally released shall\nbe continued on such status for a period beyond twelve months from the\ndate of commencement of such status or beyond twelve months from the\neffective date of this statute, whichever is later, unless the\nsuitability of such patient to remain on such status and his willingness\nto so remain have been reviewed. The director shall review the\nsuitability of such patient to remain in such status, and the mental\nhygiene legal service shall review the willingness of such patient to\nremain in such status. Notice of the determination of the patient's\nsuitability made by the director shall be given to the mental hygiene\nlegal service. If the mental hygiene legal service finds that there is\nany ground to doubt the director's determination of the suitability of\nsuch patient to remain on such status, or the willingness of the patient\nto so remain, it shall make an application, upon notice to the patient\nand the director of the facility for a court order determining those\nquestions. In any such proceeding, the patient or someone on his behalf\nor the mental hygiene legal service may request a hearing. If the mental\nhygiene legal service finds no grounds to doubt the determination of the\ndirector as to the suitability or the willingness of the patient to\ncontinue on conditional release status, it shall so certify and the\npatient may be continued on such status. A copy of such certification of\nreview shall be filed in the patient's record.\n 2. If an application for a court order has been made, the court, in\ndetermining the proceeding, may approve the continued conditional\nrelease of the patient or, if the court finds that the patient is not\nsuitable or willing to continue on conditional release status, it may\norder the discharge of such patient.\n 3. Prior to the termination of twelve months from the date of the\ncertification by the mental hygiene legal service of such first review\nor, if an application for a court order has been made, from the date of\nthe first order
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