(a) When a defendant has been continuously on an outpatient status for three years or more pursuant to a release order, the commissioner may apply for a discharge order pursuant to subdivision 13 of CPL 330.20. The application for a discharge order may be made to the court that issued the release order, or to a superior court in the county where the defendant is then residing. Upon receipt of such application, the court may, on its own motion, conduct a hearing to determine whether the application should be granted, and must conduct such hearing if a demand therefor is made by the district attorney.

(b) Form W prescribes the form and contents of the application for a discharge order and the notice of application. Following the submission of such application, the court must grant the application and issue a discharge order if the court finds that the defendant has been continuously on an outpatient status for three years or more, that he does not have a dangerous mental disorder and is not mentally ill, and that the issuance of the discharge order is consistent with the public safety and welfare of the community and the defendant. The form and contents of this discharge order are prescribed in Form X.