Section 25-03.3-24 - Postcommitment community placement - Penalty1. Following commitment of a sexually dangerous individual, the commissioner may conduct a risk management assessment of the committed individual for the purpose of determining whether the individual may be treated safely in the community on an outpatient basis. The commissioner may place a committed individual in the community for treatment on an outpatient basis only pursuant to a court order. The commissioner may petition the court at any time for community placement. The commissioner shall give the state's attorney of the county of community placement notice of any petition for community placement the commissioner files with the court. Before the petition is granted, the state's attorney has the right to be heard by the court. The state's attorney may waive this right. At any hearing held pursuant to a petition by the commissioner for the community placement of a committed individual, the burden of proof required of the commissioner is a preponderance of the evidence. The court's order of community placement must contain appropriate restrictions and requirements for the committed individual, including: a. Participation and compliance with a specific course of treatment;b. Submission to electronic monitoring and any other appropriate supervision;c. Prohibition of the individual changing place of residency or leaving the state without prior authorization of the court;d. Establishment of safety zones, and compliance by the committed individual with those safety zones;e. Requirement that the committed individual notify the court within twenty-four hours of any change in the individual's status that affects proper treatment or supervision;f. Contact with victims is prohibited independent of a supervised treatment plan; andg. Any other restriction or requirement deemed necessary by the court to assure public safety and proper treatment of the committed individual.2. Violation by a committed individual of a court order issued pursuant to this section is a class C felony.Amended by S.L. 2023 , ch. 229( HB 1165 ), § 74, eff. 7/1/2023.