Art. 657. Discharge or release; hearing
After considering the report or reports filed pursuant to Articles 655 and 656, the
court may either continue the commitment or hold a contradictory hearing to determine
whether the committed person no longer has a mental illness as defined by R.S. 28:2 and can
be discharged, or can be released on probation, without danger to others or to himself as
defined by R.S. 28:2. At the hearing the burden shall be upon the state to seek continuance
of the confinement by proving by clear and convincing evidence that the committed person
currently has a mental illness and is dangerous. After the hearing, and upon filing written
findings of fact and conclusions of law, the court may order the committed person
discharged, released on probation subject to specified conditions for a fixed or an
indeterminate period, or recommitted to the state mental institution. A copy of the judgment
and order containing the written findings of fact and conclusions of law shall be forwarded
to the administrator of the forensic facility. Notice to the counsel for the committed person
and the district attorney of the contradictory hearing shall be given at least thirty days prior
to the hearing.
Acts 1992, No. 398, §1; Acts 1993, No. 700, §1; Acts 2017, No. 369, §5.