The actress's three-month jail sentence was cut short due to overcrowding, and now she may be sprung early from UCLA rehab to outpatient care.
A hearing is set for Wednesday morning at a Beverly Hills courthouse where a new judge, Elden Fox, likely will revisit the sentence handed down by his predecessor.
"There's a possibility she could get out from inpatient treatment earlier than 90 days," District Attorney spokeswoman Jane Robison told PEOPLE. "But where she might go depends on whatever the doctors recommend."
Lohan, 24, has been receiving treatment at the campus hospital since Aug. 2. Even if she is released early, she may still receive care.
"The outpatient program is just like the inpatient program, except you get to go home at night," a UCLA patient tells PEOPLE.
As of now, Lohan is also subject to random drug and alcohol testing until the end of her probation term in August 2011, but those conditions could change at the hearing.