§704-412 Committed person; application for conditional release or discharge; by the director of health; by the person. (1) After the expiration of at least ninety days following the order of commitment pursuant to section 704-411, if the director of health is of the opinion that the person committed to his custody may be released on condition or discharged without danger to himself or to the person or property of others, he shall make application for the discharge or conditional release of such person in a report to the court by which such person was committed and shall transmit a copy of the application and report to the prosecuting attorney of the county from which the defendant was committed. The defendant shall be given notice of such application.

(2) After the expiration of ninety days from the date of the order of commitment pursuant to section 704-411, the person committed may apply to the court by which he was committed for an order of discharge or conditional release upon the ground that the same may be ordered without danger to himself or to the person or property of others. A copy of the application shall be transmitted to the prosecuting attorney of the county from which the defendant was committed. If the determination of the court is adverse to the application, such person shall not be permitted to file a further application until one year has elapsed from the date of any preceding hearing on an application for his discharge or conditional release. [L 1972, c 9, pt of §1]