1. (1)

   1. (a) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on the written order of the professional person in charge of the patient without further order of the court.
   2. (b) If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128, a patient whose commitment was to a facility other than a category D assisted living facility must be discharged by the facility at the end of the period of commitment without further order of the court.
   3. (c) A patient who was committed to a category D assisted living facility may be discharged from supervision by the court but may remain as a resident if the category D assisted living facility and the patient agree.
2. (2) Notice of the discharge must be filed with the court and the county attorney at least 5 days prior to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient. The court may not require that a discharge plan be filed with or approved by the court prior to discharge of the patient unless, pursuant to 53-21-184, the patient is being held upon an order of court or judge in a proceeding arising out of a criminal act. The department has standing on behalf of a patient in its custody to petition for dismissal of an order prohibiting the patient's discharge under 53-21-184. A hearing on the petition must be held within 5 business days.
3. (3) Upon being discharged, each patient has a right to be referred, as appropriate, to other providers of mental health services.

History: En. 38-1306 by Sec. 6, Ch. 466, L. 1975; amd. Sec. 6, Ch. 546, L. 1977; R.C.M. 1947, 38-1306(2); amd. Sec. 9, Ch. 579, L. 1991; amd. Sec. 14, Ch. 342, L. 2001; amd. Sec. 2, Ch. 207, L. 2017; amd. Sec. 7, Ch. 402, L. 2017; amd. Sec. 8, Ch. 608, L. 2025.