(a) The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge or jury fails to find, from clear and convincing evidence, that the person:
(1) is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health;
(2) has refused or failed to follow the orders of the health authority if the application is for inpatient treatment; and
(3) meets the applicable criteria for orders for the management of a person with a communicable disease.
(b) If the court denies the application, the court shall order the immediate release of a person who is not at liberty.