Procedure to have the defendant involuntarily committed when

defendant found not guilty by reason of mental disease or defect. (a) TEMPORARY COMMITMENT DETERMINATION. If the defendant is found not guilty by reason of mental disease or defect, or not guilty and not guilty by reason of mental disease or defect, the court shall forthwith determine whether the defendant should be held for hearing on the issue of his involuntary commitment under Rule 25.3. (b) FINDING OF PROBABLE CAUSE. If the court determines that there is probable cause to believe that the defendant is mentally ill and as a consequence of such mental illness poses a real and present threat of substantial harm to himself or to others, the court shall order the defendant confined for examination and treatment in an appropriate mental health facility or released upon conditions imposed by the court, until a hearing can be held under Rule 25.3 to determine whether the defendant shall be involuntarily committed to the custody of the commissioner or to such other public facility as the court may order. (c) NO FINDING OF PROBABLE CAUSE. If the court does not determine that there is probable cause to believe that the defendant is mentally ill and poses a real and present threat of substantial harm to himself and/or others, then the defendant shall be forthwith released from custody. Committee Comments