§43A-7-101.

§43A-7-101.
   
   A. The person in charge of a facility within the Department shall
   discharge a patient or permit him to leave the facility as provided
   herein.
   
   B. The person in charge shall discharge a patient:
   
   1. Who is not dangerous to himself or others; and
   
   2. Who is capable of surviving safely in freedom by himself or with
   the help of willing and responsible family members or friends; and
   
   3. For whom a discharge plan has been developed pursuant to the
   provisions of Section 7-102 of this title.
   
   B. The person in charge may grant a convalescent leave status to a
   patient in accordance with rules prescribed by the Commissioner. The
   facility granting a convalescent leave status to a patient has no
   responsibility in returning the patient to the facility should such
   become necessary. A convalescent leave may be granted rather than a
   discharge when the patient's complete recovery can be determined only
   by permitting him to leave the facility. The person in charge shall
   discharge a patient who has not returned to the facility within twelve
   (12) months from the time a convalescent leave was granted.
   
   C. In accordance with rules prescribed by the Commissioner, a person
   in charge may transfer a patient to an outpatient or other nonhospital
   status when, in the opinion of the person in charge, such transfer
   will not be detrimental to the public welfare or injurious to the
   patient and the necessary treatment may be continued on that basis;
   provided however, that before transferring the patient, the person in
   charge shall satisfy himself that appropriate financial resources and
   appropriate services are available to receive and care for such
   patient after his transfer.
   
   D. A visiting status may be granted for a matter of a few hours or
   days to any patient considered by the person in charge suitable for
   such privileges.
   
   E. The person in charge of the facility shall notify the court that
   committed the patient that the patient has been discharged. Such
   notification shall be within forty-eight (48) hours prior to the
   actual discharge.
   
   F. The expense of returning a patient from convalescent leave,
   outpatient status or visiting status shall be that of:
   
   1. The party removing the patient from the facility; or
   
   2. The Department. When it becomes necessary for the patient to be
   returned from the county where he happens to be, the Department shall
   reimburse the county pursuant to the State Travel Reimbursement Act.
   
   G. In the event authorization is necessary to accomplish the return of
   the patient to the facility, such authority is hereby vested in the
   judge of the district court in the county where the patient is
   located. Upon receipt of notice that the patient needs to be returned
   to the facility, the judge shall cause the patient to be brought
   before him by issuance of a citation directed to the patient to appear
   and show cause why he should not be returned to the facility. The
   judge shall, if clear and convincing evidence is presented by
   testimony under oath that the patient should be returned to the
   facility, enter an order returning him. If there is a lack of clear
   and convincing evidence showing the necessity of such return, the
   patient shall immediately be released. Law enforcement officers are
   authorized to take into custody, detain and transport a patient
   pursuant to a citation or an order of the judge of the district court.
   
   H. An attending physician of any patient admitted to a private
   facility may discharge a patient or permit him to leave the facility
   subject to the same provisions applicable to the discharge or release
   of a patient by the person in charge of a state facility.