31-502. Psychiatric security review board; powers and duties; definition

A. The psychiatric security review board shall:

1. Maintain jurisdiction over persons who are committed to a secure state mental health facility pursuant to section 13-3994.

2. Hold hearings pursuant to section 13-3994 to determine if a person committed to a secure state mental health facility is eligible for release or conditional release.

3. In conjunction with the secure state mental health facility and other appropriate community agencies or persons, devise a plan for the conditional release of a person pursuant to section 13-3994.

4. Unless otherwise provided by law, confidentially maintain all medical, social and criminal history records of persons who are committed to its jurisdiction.

5. On application by a person or agency that is responsible pursuant to an order for the supervision or treatment of a person on conditional release, hold a hearing to determine if the conditions of release should be continued, modified or terminated. Each application for a hearing shall be accompanied by a report setting forth the facts supporting the application. Termination of conditional release requires a vote of three of the four board members.

6. Keep a record of all hearings before the board except board deliberations.

7. Give written notice of any hearing before the board to the attorney representing the person, the attorney general or other attorney representing the state, the victim and the court that committed the person to the board's jurisdiction.

8. Determine if the person about whom the hearing is being held is indigent and, if so, request the committing court to appoint an attorney to represent the person. The court of the county of prosecution shall bear the cost of the court appointed attorney.

9. Before a hearing, disclose to the person about whom the hearing is being held, the person's attorney, the attorney general and any attorney representing the state any information, documents or reports that the board will be considering.

10. Within fifteen days after the conclusion of a hearing, give to the person, the attorney representing the person, the victim, the attorney general and any attorney representing the state and the court that committed the person to the board's jurisdiction notice of the board's decision.

B. The psychiatric security review board may:

1. Adopt rules to carry out the purposes of this chapter and title 13, chapter 38, article 14.

2. Monitor all persons under its jurisdiction.

3. As a condition of release, require a person to receive treatment from a board designated licensed or certified state or local mental health facility or agency or person.

4. Modify or terminate the terms of a person's conditional release.

5. Issue subpoenas requiring the attendance and testimony of witnesses at any hearing before the board. Subpoenaed witnesses shall be paid the same fees and mileage allowance paid witnesses in civil actions. If a person fails to comply with a subpoena that is issued pursuant to this paragraph, the board may request a superior court judge to issue a contempt order.

C. For the purposes of this section, " secure state mental health facility" means a secure state mental health facility under the department of health services.