A participant who demonstrates success in complying with reduced restrictions and remains free of offenses that may indicate a relapse for at least twelve months, may be considered for placement in a less restrictive community residential setting.

     The process to move a participant to a less restrictive residential placement shall include, at a minimum:

     (1) Written verification of the person's treatment progress, compliance with reduced restrictions, an assessment of low risk of reoffense, and a recommendation as to suitable placement by the treatment team;

     (2) Development of a gradual phase out plan by the treatment team, projected over a reasonable period of time and includes specific criteria for evaluating reductions in restrictions, especially supervision;

     (3) The absence of any incidents that may indicate relapse for a minimum of twelve months;

     (4) A written plan that details what supports and services, including the level of supervision the person will receive from the division upon exiting the community protection program;

     (5) An assessment consistent with the guidelines for risk assessments and psychosexual evaluations developed by the division, conducted by a qualified professional. At a minimum, the assessment shall include:

     (a) An evaluation of the participant's risk of reoffense and/or dangerousness; and

     (b) An opinion as to whether or not the person can be managed successfully in a less restrictive community residential setting;

     (6) Recommendation by the treatment team that the participant is ready to move to a less restrictive community residential placement.

[2006 c 303 § 7.]