New Jersey § 2c:4-9

§ 2c:4-9.

Release of Persons Committed by Reason of Insanity. a. If a person has been committed pursuant to section 2C:4-8 or section 2C:4-6 and if the commissioner, or his designee, or the superintendent of the institution

to which the person has been committed, is of the view that a person committed to

his custody, pursuant to section 2C:4-8 or section 2C:4-6 , may be discharged or released on condition without danger to himself or to others,

or that he may be transferred to a less restrictive setting for treatment, the commissioner

or superintendent shall make application for the discharge or release of such person

in a report to the court by which such person was committed and shall transmit a copy

of such application and report to the prosecutor, the court, and defense counsel. The court may, in its discretion, appoint at least two qualified psychiatrists,

neither of whom may be on the staff of the hospital to which the defendant had been

committed, to examine such person and to report within 30 days, or such longer period

as the court determines to be necessary for the purpose, their opinion as to his mental

condition. b. The court shall hold a hearing to determine whether the committed person may be safely

discharged, released on condition without danger to himself or others, or treated

as in civil commitment. The hearing shall be held upon notice to the prosecutor and with the prosecutor's

opportunity to be heard. Any such hearing shall be deemed a civil proceeding. According to the determination of the court upon the hearing, the court shall proceed

as in section 2C:4-8b. (1), (2) or (3). c. A committed person may make application for his discharge or release to the court

by which he was committed, and the procedure to be followed upon such application

shall be the same as that prescribed above in the case of an application by the commissioner. d. Each defendant's case shall be specifically reviewed as provided by the law governing

civil commitment.