# Criminal Procedure (GCP)

## Title 3. Incompetency and Criminal Responsibility in Criminal Cases

### Subtitle 1

#### Section 3-101

(a) In this title the following words have the meanings indicated.

(b) "Committed person" means a person committed to the Health Department as not criminally responsible under the test for criminal responsibility.

(c) "Court" means a court that has criminal jurisdiction.

(d) "Health Department" means the Maryland Department of Health.

(e) "Hospital warrant" means a legal document issued by a court that:

  (1) authorizes any law enforcement officer in the State to apprehend a person who is alleged to have violated an order for conditional release and transport the person to a facility designated by the Health Department; and

  (2) requires that the issuance of the warrant is entered in the person's criminal history record information of the criminal justice information system.

(f) "Incompetent to stand trial" means not able:

  (1) to understand the nature or object of the proceeding; or

  (2) to assist in one's defense.

(g)

  (1) "Mental disorder" means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

  (2) "Mental disorder" includes a mental illness that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another.

  (3) "Mental disorder" does not include an intellectual disability.

(h) "Office" means the Office of Administrative Hearings.

#### Section 3-102

The Secretary of the Health Department shall adopt regulations to carry out the provisions of this title that relate to the Health Department.

#### Section 3-103

(a)

  (1) The court shall appoint a qualified interpreter to help a defendant throughout any court proceedings under this title when the defendant:

    (i) is deaf; or

    (ii) cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help present the defense.

  (2) On application of a victim or victim's representative, as defined in Sec. 11-104(a) of this article, the court shall appoint a qualified interpreter to help the victim or the victim's representative throughout any court proceeding when the victim or the victim's representative:

    (i) is deaf; or

    (ii) cannot readily understand or communicate the English language.

(b) The court shall give an interpreter appointed under this section:

  (1) compensation for services in an amount equal to that provided for interpreters of languages other than English; and

  (2) reimbursement for actual and necessary expenses incurred in the performance of services.

#### Section 3-104

(a) If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant is incompetent to stand trial.

(b) If, after receiving evidence, the court finds that the defendant is competent to stand trial, the trial shall begin as soon as practicable or, if already begun, shall continue.

(c) At any time before final judgment, the court may reconsider the question of whether the defendant is incompetent to stand trial.

#### Section 3-105

(a)

  (1) For good cause and after giving the defendant an opportunity to be heard, the court may order the Health Department to examine the defendant to determine whether the defendant is incompetent to stand trial.

  (2) The court shall set and may change the conditions under which the examination is to be made.

(b) On consideration of the nature of the charge, the court:

  (1) may require or allow the examination to be done on an outpatient basis; and

  (2) if an outpatient examination is authorized, shall set bail for the defendant or authorize release of the defendant on recognizance.

(c)

  (1) If a defendant is to be held in custody for examination under this section, the defendant may be confined in a correctional facility until the Health Department can conduct the examination. If the court finds it appropriate for the health or safety of the defendant, the court may order confinement in a medical wing or other isolated and secure unit of the correctional facility.

  (2)

    (i) If the court finds that, because of the apparent severity of the mental disorder or intellectual disability, a defendant in custody would be endangered by confinement in a correctional facility, the court may order that the Health Department, in the Health Department's discretion:

      (1) confine the defendant, pending examination, in a medical facility that the Health Department designates as appropriate; or

      (2) immediately conduct a competency examination of the defendant by a community forensic screening program or other agency that the Health Department finds appropriate.

    (ii) Unless the Health Department retains the defendant, the defendant shall be promptly returned to the court after the examination.

  (3) A defendant who is held for examination under this section may question at any time the legality of the detention by petition for a writ of habeas corpus.

(d)

  (1) If a court orders an examination under this section, the Health Department shall:

    (i) examine the defendant; and

    (ii) send a complete report of its findings to:

      (1) the court;

      (2) the State's Attorney; and

      (3) the defense counsel.

  (2) Unless there is a plea that the defendant was not criminally responsible under Sec. 3-109 of this title, the defendant is entitled to have the report within 7 days after the court orders the examination. However, failure of the Health Department to send the complete report within that time is not, of itself, grounds for dismissal of the charges. On good cause shown, the court may extend the time for examination.

  (3) If the Health Department reports that, in its opinion, the defendant is incompetent to stand trial, the report shall state, in a complete supplementary opinion, whether, because of a mental disorder or an intellectual disability, the defendant would be a danger to self or the person or property of another, if released.

  (4) A statement made by the defendant in the course of an examination under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

  (5) Except for the purpose of impeaching the testimony of the defendant, a report prepared as the result of an examination under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

#### Section 3-106

(a)

  (1) In this section, "designated health care facility" means:

    (i) a State facility as defined in Sec. 10-101 of the Health - General Article;

    (ii) a State forensic residential center; or

    (iii) a hospital or private residential facility under contract with the Health Department to house and treat individuals found to be incompetent to stand trial or not criminally responsible.

  (2) "Designated health care facility" does not include a correctional or detention facility or a unit within a correctional or detention facility.

(b) If, after a hearing, the court finds that the defendant is incompetent to stand trial but is not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, the court may set bail for the defendant or authorize release of the defendant on recognizance.

(c)

  (1)

    (i) If, after a hearing, the court finds that the defendant is incompetent to stand trial and, because of a mental disorder or an intellectual disability, is a danger to self or the person or property of another, the court shall order the defendant committed to the facility that the Health Department designates until the court finds that:

      (1) the defendant no longer is incompetent to stand trial;

      (2) the defendant no longer is, because of a mental disorder or an intellectual disability, a danger to self or the person or property of others; or

      (3) there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.

    (ii) If a court commits the defendant because of an intellectual disability, the Health Department shall require the Developmental Disabilities Administration to provide the care or treatment that the defendant needs.

  (2) If the court commits a defendant to the Health Department under paragraph (1) of this subsection, the Health Department shall:

    (i) admit the defendant to a designated health care facility as soon as possible, but not later than 10 business days after the Health Department receives the order of commitment; and

    (ii) notify the court of the date on which the defendant was admitted to the designated health care facility.

  (3) If the court commits the defendant under paragraph (1) of this subsection because of a mental disorder, the court may order the Health Department, as soon as possible after the defendant's admission, but not to exceed 48 hours, to:

    (i) evaluate the defendant;

    (ii) develop a prompt plan of treatment for the defendant under Sec. 10-706 of the Health - General Article; and

    (iii) evaluate whether there is a substantial likelihood that, without immediate treatment, including medication, the defendant will remain a danger to self or the person or property of another.

  (4) If the Health Department fails to admit a defendant to a designated health care facility within the time period specified in paragraph (2)(i) of this subsection, the court may impose any sanction reasonably designed to compel compliance, including requiring the Health Department to reimburse a detention facility for expenses and costs incurred in retaining the defendant beyond the time period specified in paragraph (2)(i) of this subsection at the daily rate specified in Sec. 9-402(b) of the Correctional Services Article.

(d)

  (1) To determine whether the defendant continues to meet the criteria for commitment set forth in subsection (c) of this section, the court shall hold a hearing:

    (i) every year from the date of commitment;

    (ii) within 30 days after the filing of a motion by the State's Attorney or counsel for the defendant setting forth new facts or circumstances relevant to the determination; and

    (iii) within 10 business days after receiving a report from the Health Department stating opinions, facts, or circumstances that have not been previously presented to the court and are relevant to the determination.

  (2) At any time, and on its own initiative, the court may hold a conference or a hearing on the record with the State's Attorney and the counsel of record for the defendant to review the status of the case.

(e) At a competency hearing under subsection (d) of this section, if the court finds that the defendant is incompetent and is not likely to become competent in the foreseeable future, the court shall:

  (1) civilly commit the defendant as an inpatient in a medical facility that the Health Department designates provided the court finds by clear and convincing evidence that:

    (i) the defendant has a mental disorder;

    (ii) inpatient care is necessary for the defendant;

    (iii) the defendant presents a danger to the life or safety of self or others;

    (iv) the defendant is unable or unwilling to be voluntarily committed to a medical facility; and

    (v) there is no less restrictive form of intervention that is consistent with the welfare and safety of the defendant; or

  (2) order the confinement of the defendant for 21 days as a resident in a Developmental Disabilities Administration facility for the initiation of admission proceedings under Sec. 7-503 of the Health - General Article provided the court finds that the defendant, because of an intellectual disability, is a danger to self or others.

(f) The provisions under Title 10 of the Health - General Article shall apply to the continued retention of a defendant civilly committed under subsection (e) of this section.

(g)

  (1) For a defendant who has been found incompetent to stand trial but not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, and released on bail or on recognizance, the court:

    (i) shall hold a hearing annually from the date of release;

    (ii) may hold a hearing, at any time, on its own initiative; or

    (iii) shall hold a hearing, at any time, upon motion of the State's Attorney or the counsel for the defendant.

  (2) At a hearing under paragraph (1) of this subsection, the court shall reconsider whether the defendant remains incompetent to stand trial or a danger to self or the person or property of another because of a mental disorder or an intellectual disability.

  (3) At a hearing under paragraph (1) of this subsection, the court may modify or impose additional conditions of release on the defendant.

  (4) If the court finds, at a hearing under paragraph (1) of this subsection, that the defendant is incompetent and is not likely to become competent in the foreseeable future and is a danger to self or the person or property of another because of a mental disorder or an intellectual disability, the court shall revoke the pretrial release of the defendant and:

    (i) civilly commit the defendant in accordance with subsection (e)(1) of this section; or

    (ii) order confinement of the defendant in accordance with subsection (e)(2) of this section.

(h) If the defendant is found incompetent to stand trial, defense counsel may make any legal objection to the prosecution that may be determined fairly before trial and without the personal participation of the defendant.

(i) The court shall notify the Criminal Justice Information System Central Repository of any commitment ordered or release authorized under this section and of any determination that a defendant is no longer incompetent to stand trial.

#### Section 3-107

(a) Whether or not the defendant is confined and unless the State petitions the court for extraordinary cause to extend the time, the court shall dismiss the charge against a defendant found incompetent to stand trial under this subtitle:

  (1) when charged with a felony or a crime of violence as defined under Sec. 14-101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the maximum sentence for the most serious offense charged; or

  (2) when charged with an offense not covered under item (1) of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for the most serious offense charged.

(b) Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court shall dismiss the charge without prejudice. However, the court may not dismiss a charge without providing the State's Attorney and a victim or victim's representative who has requested notification under Sec. 3-123(c) of this title advance notice and an opportunity to be heard.

(c) If charges are dismissed under this section, the court shall notify:

  (1) the victim of the crime charged or the victim's representative who has requested notification under Sec. 3-123(c) of this title; and

  (2) the Criminal Justice Information System Central Repository.

#### Section 3-108

(a)

  (1) In addition to any other report required under this title, the Health Department shall report to the court that has ordered commitment of a defendant under Sec. 3-106 of this title:

    (i) every 6 months from the date of commitment of the defendant; and

    (ii) whenever the Health Department determines that:

      (1) the defendant no longer is incompetent to stand trial;

      (2) the defendant no longer is, because of a mental disorder or an intellectual disability, a danger to self or the person or property of others; or

      (3) there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.

  (2) The Department shall include a supplemental report that provides a plan for services to facilitate the defendant remaining competent to stand trial or not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, if:

    (i) a report required under this title states an opinion that the defendant is competent to stand trial or is not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others; and

    (ii) services are necessary to maintain the defendant safely in the community, to maintain competency, or to restore competency.

  (3) If appropriate, the plan required in the report under paragraph (2) of this subsection shall include recommended:

    (i) mental health treatment, including providers of care;

    (ii) vocational, rehabilitative, or support services;

    (iii) housing;

    (iv) case management services;

    (v) alcohol or substance abuse treatment; and

    (vi) other clinical services.

  (4) If the report required under paragraph (2) of this subsection recommends community placement for the defendant, the report shall include:

    (i) the location of the recommended community placement;

    (ii) the names and addresses of the recommended service providers;

    (iii) a statement indicating if the service provider is willing and able to serve the defendant; and

    (iv) if available, the date of placement or service for the defendant.

  (5) If the plan required in the report under paragraph (2) of this subsection is for a defendant committed to a State residential center, the report shall state whether:

    (i) the defendant meets the requirements for commitment under Sec. 3-106(e) of this title;

    (ii) the services required for the defendant may be provided in a less restrictive setting; and

    (iii) the defendant is eligible for services pursuant to Sec. 7-404 of the Health - General Article.

  (6) If the report required under paragraph (2) of this subsection states an opinion that there is not a substantial likelihood that the defendant will become competent in the foreseeable future, the report shall contain an opinion regarding whether the defendant meets the criteria for commitment under Sec. 3-106(e) of this title.

  (7) A statement made by the defendant in the course of any examination for a report under this section is not admissible as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

  (8) A report prepared under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

(b) The clerk of court shall give the State's Attorney and the last counsel of record for the defendant a copy of any report received under this section.

(c) The facility of the Health Department that has charge of a person committed as incompetent to stand trial shall notify the Criminal Justice Information System Central Repository if the person escapes.

#### Section 3-109

(a) A defendant is not criminally responsible for criminal conduct if, at the time of that conduct, the defendant, because of a mental disorder or an intellectual disability, lacks substantial capacity to:

  (1) appreciate the criminality of that conduct; or

  (2) conform that conduct to the requirements of law.

(b) For purposes of this section, "mental disorder" does not include an abnormality that is manifested only by repeated criminal or otherwise antisocial conduct.

#### Section 3-110

(a)

  (1) If a defendant intends to rely on a plea of not criminally responsible, the defendant or defense counsel shall file a written plea alleging, in substance, that when the alleged crime was committed, the defendant was not criminally responsible by reason of a mental disorder or an intellectual disability under the test for criminal responsibility in Sec. 3-109 of this title.

  (2) A written plea of not criminally responsible by reason of a mental disorder or an intellectual disability shall be filed at the time provided for initial pleading, unless, for good cause shown, the court allows the plea to be filed later.

(b) The defendant has the burden to establish, by a preponderance of the evidence, the defense of not criminally responsible.

(c) If the trier of fact finds that the State has proved beyond a reasonable doubt that the defendant committed the criminal act charged, then, if the defendant has pleaded not criminally responsible, the trier of fact separately shall find whether the defendant has established, by a preponderance of the evidence, that the defendant was at the time criminally responsible or not criminally responsible by reason of a mental disorder or an intellectual disability under the test for criminal responsibility in Sec. 3-109 of this title.

(d) A court may not enter a verdict of not criminally responsible unless the defendant or defense counsel has filed a written plea under subsection (a) of this section.

#### Section 3-111

(a) If a defendant has entered a plea of not criminally responsible, the court may order the Health Department to examine the defendant to determine whether the defendant was not criminally responsible under Sec. 3-109 of this title and whether the defendant is competent to stand trial.

(b)

  (1) If a defendant is to be held in custody for examination under this section, the defendant shall be confined in a correctional facility until the Health Department can do the examination. If the court finds it appropriate for the health or safety of the defendant, the court may order confinement:

    (i) in a medical wing or other isolated and secure unit of the correctional facility; or

    (ii) if a medical wing or other secure unit is not available, in a medical facility that the Secretary of the Health Department designates as appropriate.

  (2)

    (i) When the Health Department can do the examination, a court unit shall take the defendant to the evaluation facility that the Health Department designates.

    (ii) After the examination, unless the Health Department retains the defendant, a court unit shall return the defendant to the place of confinement.

(c) If a court orders an examination under this section:

  (1) the Health Department shall:

    (i) examine the defendant; and

    (ii) send a report of its opinions to the court, the State's Attorney, the defendant, and the defense counsel;

  (2) the defendant is entitled to have the report within 60 days after the court orders the examination. However, failure of the Health Department to send the complete report within that time is not, of itself, grounds for dismissal of the charges; and

  (3) for good cause shown, the court may extend the time for examination or order an additional examination.

#### Section 3-112

(a)

  (1) In this section, "designated health care facility" means:

    (i) a State facility as defined in Sec. 10-101 of the Health - General Article;

    (ii) a State forensic residential center; or

    (iii) a hospital or private residential facility under contract with the Health Department to house and treat individuals found to be incompetent to stand trial or not criminally responsible.

  (2) "Designated health care facility" does not include a correctional or detention facility or a unit within a correctional or detention facility.

(b) Except as provided in subsection (f) of this section, after a verdict of not criminally responsible, the court shall order the defendant committed to the facility that the Health Department designates for institutional inpatient care or treatment.

(c) If the court commits a defendant who was found not criminally responsible primarily because of a mental disorder, the court may order the Health Department, as soon as possible after the defendant's admission, but not to exceed 48 hours, to:

  (1) evaluate the defendant;

  (2) develop a prompt plan of treatment for the defendant under Sec. 10-706 of the Health - General Article; and

  (3) evaluate whether there is a substantial likelihood that, without immediate treatment, including medication, the defendant will remain a danger to self or the person or property of another.

(d) If the court commits a defendant who was found not criminally responsible primarily because of an intellectual disability, the Health Department shall designate a facility for individuals with an intellectual disability for care and treatment of the committed person.

(e) If the court commits a defendant to the Health Department under subsection (b) or (d) of this section, the Health Department shall:

  (1) admit the defendant to a designated health care facility as soon as possible, but not later than 10 business days after the Health Department receives the order of commitment; and

  (2) notify the court of the date on which the defendant was admitted to the designated health care facility.

(f) If the Health Department fails to admit a defendant to a designated health care facility within the time period specified in subsection (e)(1) of this section, the court may impose any sanction reasonably designed to compel compliance, including requiring the Health Department to reimburse a detention facility for expenses and costs incurred in retaining the defendant beyond the time period specified in subsection (e)(1) of this section at the daily rate specified in Sec. 9-402(b) of the Correctional Services Article.

(g) After a verdict of not criminally responsible, a court may order that a person be released, with or without conditions, instead of committed to the Health Department, but only if:

  (1) the court has available an evaluation report within 90 days preceding the verdict made by an evaluating facility designated by the Health Department;

  (2) the report indicates that the person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if released, with or without conditions; and

  (3) the person and the State's Attorney agree to the release and to any conditions for release that the court imposes.

(h) The court shall notify the Criminal Justice Information System Central Repository of each person it orders committed under this section.

#### Section 3-113

(a)

  (1) Within 10 days after commitment of a person under Sec. 3-112 of this title, the facility that receives the committed person shall send to the Health Department an admission report on the committed person.

  (2) The report shall contain the information and be on the form that the Health Department requires.

(b)

  (1) The facility of the Health Department that has charge of the committed person shall notify the State's Attorney any time a committed person:

    (i) is transferred;

    (ii) is approved for temporary leaves of more than 24 hours; or

    (iii) is absent without authorization.

  (2) For information purposes, a copy of this notice shall be sent for inclusion in the court file and to counsel for the committed person.

(c) The facility of the Health Department that has charge of a committed person shall notify the Criminal Justice Information System Central Repository if the committed person escapes.

#### Section 3-114

(a) A committed person may be released under the provisions of this section and Sec.Sec. 3-115 through 3-122 of this title.

(b) A committed person is eligible for discharge from commitment only if that person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if discharged.

(c) A committed person is eligible for conditional release from commitment only if that person would not be a danger, as a result of a mental disorder or an intellectual disability, to self or to the person or property of others if released from confinement with conditions imposed by the court.

(d) To be released, a committed person has the burden to establish by a preponderance of the evidence eligibility for discharge or eligibility for conditional release.

#### Section 3-115

(a) Within 50 days after commitment to the Health Department under Sec. 3-112 of this title, a hearing officer of the Health Department shall hold a hearing to consider any relevant information that will enable the hearing officer to make recommendations to the court as to whether the committed person is eligible for release under Sec. 3-114 of this title.

(b)

  (1) The release hearing may be postponed for good cause or by agreement of the committed person and the Health Department.

  (2) The committed person may waive the release hearing.

(c)

  (1) Unless the Health Department has completed an examination and report during the 90 days preceding the release hearing, at least 7 days before the release hearing is scheduled, the Health Department shall complete an examination and evaluation of the committed person.

  (2) Whether or not the release hearing is waived, the Health Department shall send a copy of the evaluation report:

    (i) to the committed person;

    (ii) to counsel for the committed person;

    (iii) to the State's Attorney; and

    (iv) to the Office of Administrative Hearings.

(d)

  (1) The Health Department shall send notice of the release hearing to:

    (i) the committed person;

    (ii) counsel for the committed person; and

    (iii) the State's Attorney.

  (2) The Office shall issue any appropriate subpoena for any person or evidence. The court may compel obedience to the subpoena.

(e)

  (1) Formal rules of evidence do not apply to the release hearing, and the Office may admit and consider any relevant evidence.

  (2) The hearing shall be recorded, but the recording need not be transcribed unless requested. The requesting party shall pay the costs of the transcript and, if exceptions have been filed, provide copies to other parties and the court. If the court orders a transcript, the court shall pay the costs of the transcript.

  (3) Any record that relates to evaluation or treatment of the committed person by this State shall be made available, on request, to the committed person or counsel for the committed person.

  (4) The Health Department shall present the evaluation report on the committed person and any other relevant evidence.

  (5) At the release hearing, the committed person is entitled:

    (i) to be present, to offer evidence, and to cross-examine adverse witnesses; and

    (ii) to be represented by counsel, including, if the committed person is indigent, the Public Defender or a designee of the Public Defender.

  (6) At the release hearing, the State's Attorney and the Health Department are entitled to be present, to offer evidence, and to cross-examine witnesses.

#### Section 3-116

(a) Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains:

  (1) a summary of the evidence presented at the hearing;

  (2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and

  (3) if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section.

(b) In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person.

(c) The Office shall send copies of the report of recommendations:

  (1) to the committed person;

  (2) to counsel for the committed person;

  (3) to the State's Attorney;

  (4) to the court; and

  (5) to the facility of the Health Department that has charge of the committed person.

(d) The committed person, the State's Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.

#### Section 3-117

(a) Within 30 days after the court receives the report of recommendations from the Office:

  (1) the court on its own initiative may hold a hearing; or

  (2) if timely exceptions are filed, or if the court requires more information, the court shall hold a hearing unless the committed person and the State's Attorney waive the hearing.

(b)

  (1) The court shall hold the hearing on the record that was made before the Office.

  (2) At the judicial hearing, the committed person is entitled to be present and to be represented by counsel.

  (3) The court may continue its hearing and remand for the Office to take additional evidence.

#### Section 3-118

(a) Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with Sec. 3-114 of this title, and enter an appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering:

  (1) continued commitment;

  (2) conditional release; or

  (3) discharge from commitment.

(b)

  (1) If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office.

  (2) A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived.

(c) Unless the conditional release is extended under Sec. 3-122 of this title, the court may not continue the conditions of a conditional release for more than 5 years.

(d) The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.

(e)

  (1) An appeal from a District Court order shall be on the record in the circuit court.

  (2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.

#### Section 3-119

(a)

  (1) Not earlier than 1 year after the initial release hearing ends or was waived, and not more than once a year thereafter, a committed person may apply for release under either subsection (b) or (c) of this section, but not both.

  (2) Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may file an application for release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person since the last hearing.

(b)

  (1) To apply for release under this subsection, the committed person shall file an application for release with the Health Department and notify the court and State's Attorney, in writing, of this request.

  (2) Except as provided in paragraph (3) of this subsection, the provisions of this title governing administrative hearing and judicial determination of eligibility for release apply to any application for release under this subsection.

  (3) In a proceeding held under this title to determine eligibility for conditional release or discharge, the Maryland Rules governing discovery for civil matters in the circuit court shall apply regardless of the venue of the hearing.

(c)

  (1) To apply for release under this subsection, the committed person shall file a petition for release with the court that ordered commitment.

  (2) The committed person shall send a copy of the petition for release to the Health Department and the State's Attorney.

  (3) If the committed person requests a trial by jury, the trial shall be held in a circuit court with a jury as in a civil action at law.

  (4) The trier of fact shall:

    (i) determine whether the committed person has proved eligibility for release by a preponderance of the evidence; and

    (ii) render a verdict for:

      (1) continued commitment;

      (2) conditional release; or

      (3) discharge from commitment.

  (5) If the trier of fact renders a verdict for conditional release, within 30 days after the verdict, the court shall release the committed person under conditions it imposes in accordance with specific recommendations for conditions under Sec. 3-116(b) of this title.

(d)

  (1) An appeal from a District Court order shall be on the record in the circuit court.

  (2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.

#### Section 3-120

(a)

  (1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person.

  (2) The Health Department shall send a copy of the application for conditional release:

    (i) to the committed person;

    (ii) to counsel for the committed person; and

    (iii) to the State's Attorney, by certified mail, return receipt requested.

(b) Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with Sec. 3-114 of this title for:

  (1) continued commitment; or

  (2) conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department.

(c) If the court orders a conditional release of the committed person under this section, the committed person, the State's Attorney, or the Health Department may apply for a revocation, change, or extension under Sec. 3-122 of this title.

(d)

  (1) An appeal from a District Court order shall be on the record in circuit court.

  (2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.

#### Section 3-120.1

(a) In this section, "authorized agent" means an individual who is not counsel for the committed person and who is selected by the committed person to represent the interests of the committed person in all forensic review board matters.

(b)

  (1) The Health Department shall establish a forensic review board at each facility that has charge of a committed person under this subtitle.

  (2) A forensic review board may make recommendations relating to the release or rehabilitation of a committed person under this subtitle.

(c) Each member of a forensic review board shall be a health care provider licensed under the Health Occupations Article.

(d)

  (1) At least once each year, each forensic review board shall review each committed person's eligibility for release under Sec. 3-114 of this subtitle.

  (2) The forensic review board shall, by a majority vote of the members, determine whether to recommend to the court that a committed person is eligible for discharge or conditional release, with or without proposed conditions.

  (3)

    (i) Each forensic review board shall maintain a written record containing its findings and recommendations.

    (ii) The written record shall be included in the medical record of the committed person.

    (iii) The findings shall include the reasons for the forensic review board's recommendation and a plan for overcoming any barriers to release.

  (4) When making a recommendation under this section, a forensic review board shall consider a written statement offered by the committed person to the forensic review board.

  (5) The forensic review board shall provide notice to a committed person and the counsel of record for the committed person:

    (i) at least 10 days before the forensic review board holds a meeting concerning the committed person; and

    (ii) within 10 days after the forensic review board issues a recommendation to the court.

(e)

  (1) Each forensic review board shall have an odd number of members.

  (2) Each member of the forensic review board shall have one vote.

  (3)

    (i) A forensic review board may not conduct a review under subsection (d) of this section unless a quorum is present.

    (ii) A majority of the members of the forensic review board is a quorum.

(f)

  (1) A committed person may appoint an authorized agent to attend the portion of a forensic review board meeting concerning the committed person.

  (2) An authorized agent may be a social worker or a nonlegal representative employed by the office of the attorney representing the committed person.

  (3) An authorized agent may only give and hear arguments.

  (4) Counsel for any party may not attend forensic review board meetings.

(g)

  (1) If the committed person's treatment team determines that the committed person is eligible for discharge or conditional release before the annual review scheduled under subsection (d) of this section, the treatment team shall notify the forensic review board in writing of the need for a release eligibility review.

  (2) Within 30 days after receiving notice under paragraph (1) of this subsection, the forensic review board shall conduct a review in accordance with subsection (d) of this section.

  (3) The treatment team shall provide a written statement that includes the clinical reasons underlying the determination that the committed person is eligible for discharge or conditional release.

  (4) A copy of the notification made under paragraph (1) of this subsection and the written statement required under paragraph (3) of this subsection shall be included in the medical record of the committed person.

(h) A copy of a document or record produced by a forensic review board under this section shall, on request, be provided to:

  (1) the committed person;

  (2) counsel for the committed person;

  (3) the court;

  (4) the State's Attorney; or

  (5) the Health Department.

(i) The committed person's treatment team shall implement recommendations, if any, from the forensic review board and make arrangements for necessary treatment to rehabilitate the committed person in accordance with Sec. 10-706 of the Health - General Article.

(j)

  (1) A forensic review board may appoint a representative to testify as to the Health Department's position at a release hearing.

  (2) If a forensic review board takes a position contrary to the position of the committed person's treatment team, the representative appointed under this subsection may not be a member of the committed person's treatment team.

(k) The Health Department shall adopt regulations to carry out this section.

#### Section 3-120.2

#### Section 3-121

(a)

  (1) If the State's Attorney receives a report that alleges that a committed person has violated a condition of a conditional release, or if the State's Attorney is notified by the court or Health Department under subsection (b) of this section, the State's Attorney shall determine whether there is a factual basis for the complaint.

  (2) If the State's Attorney determines that there is no factual basis for the complaint, the State's Attorney shall notify the person who made the report and take no further action.

  (3) If the State's Attorney determines that there is a factual basis to believe that the committed person has violated the terms of a conditional release and believes further action by the court is necessary, the State's Attorney promptly shall:

    (i) notify the Health Department of the alleged violation; and

    (ii) file with the court a petition for revocation or modification of conditional release and send a copy of the petition to the Health Department.

(b)

  (1) If a court receives a report that alleges that a committed person has violated a condition of a conditional release, the court promptly shall:

    (i) notify:

      (1) the Health Department;

      (2) counsel of record for the committed person; and

      (3) the State's Attorney; and

    (ii) provide the State's Attorney with the name, address, and telephone number of the person who reported the violation and a copy of the order for conditional release.

  (2) If the Health Department receives a report that alleges that a committed person has violated conditional release, the Department shall:

    (i) notify:

      (1) the court;

      (2) counsel of record for the committed person; and

      (3) the State's Attorney; and

    (ii) provide the State's Attorney with the name, address, and telephone number of the person who reported the violation and a copy of the order for conditional release.

(c) The petition for revocation or modification of a conditional release shall contain:

  (1) a statement that the committed person has violated a term of a conditional release and that there is therefore reason to believe that the committed person no longer meets the criteria for eligibility for conditional release;

  (2) a statement of the conditions violated;

  (3) the factual basis for the statements in items (1) and (2) of this subsection;

  (4) the most recent evaluation report on the committed person; and

  (5) the designation by the Health Department of the facility to receive the returned committed person.

(d) If the court's review of the petition determines that there is no probable cause to believe that the committed person has violated a conditional release, the court shall:

  (1) note the determination on the petition and file it in the court file on the committed person; and

  (2) notify the State's Attorney, the Health Department, and the person who reported the violation.

(e) If the court's review of the petition determines that there is probable cause to believe that the committed person has violated a conditional release, the court promptly shall:

  (1) issue a hospital warrant for the committed person and direct that on execution the committed person shall be transported to the facility designated by the Health Department; and

  (2) send a copy of the hospital warrant and the petition to:

    (i) the State's Attorney;

    (ii) the Public Defender;

    (iii) the counsel of record for the committed person;

    (iv) the person who reported the violation;

    (v) the Office; and

    (vi) the Health Department.

(f) Within 10 days after the committed person is returned to the Health Department in accordance with the hospital warrant, the Office shall hold a hearing unless:

  (1) the hearing is postponed or waived by agreement of the parties; or

  (2) the Office postpones the hearing for good cause shown.

(g) At the hearing on revocation or modification:

  (1) the committed person is entitled to be represented by counsel including, if the committed person is indigent, the Public Defender or designee of the Public Defender;

  (2) the committed person, Health Department, and State's Attorney are entitled to offer evidence, to cross-examine adverse witnesses, and to exercise any other rights that the Office considers necessary for a fair hearing; and

  (3) the Office shall find:

    (i) whether, by a preponderance of the evidence, the State has proved that the committed person violated conditional release; and

    (ii) whether, by a preponderance of the evidence, the committed person nevertheless has proved eligibility for conditional release.

(h)

  (1) The Office promptly shall:

    (i) send a report of the hearing and determination to the court; and

    (ii) send copies of the report to the committed person, counsel for the committed person, the State's Attorney, and the Health Department.

  (2) Within 5 days after receipt of the report of the Office, the committed person, the State's Attorney, or the Health Department may file exceptions to the determination of the Office.

(i) After the court considers the report of the Office, the evidence, and any exceptions filed, within 10 days after the court receives the report, the court shall:

  (1) revoke the conditional release and order the committed person returned to the facility designated by the Health Department;

  (2) modify the conditional release as required by the evidence;

  (3) continue the present conditions of release; or

  (4) extend the conditional release by an additional term of 5 years.

(j) The court shall notify the Criminal Justice Information System Central Repository of the issuance of any hospital warrant and any revocation it orders under this section.

(k)

  (1) An appeal from a District Court order shall be on the record in circuit court.

  (2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.

#### Section 3-122

(a)

  (1) An application to the court for a change in conditional release of a committed person may be made by:

    (i) the Health Department or the State's Attorney at any time; or

    (ii) the committed person not earlier than 6 months after the court ordered the conditional release, unless the court for good cause permits an earlier application.

  (2) The applicant for a change in conditional release shall notify the court and other parties, in writing, of the application and the reasons for the requested change.

  (3) On request by any party, the court shall hold a hearing after an application is made under this subsection to determine whether the applicant has satisfied the requirements for release under Sec. 3-114 of this title.

(b) The applicant has the burden to establish, by a preponderance of the evidence, any issue raised in an application for change in conditional release under subsection (a) of this section.

(c) On written request by the State's Attorney, the committed person, or counsel of record for the committed person, the Health Department shall provide all reports, assessments, evaluations, and similar documents concerning the committed person prepared or conducted by, for, or at the direction of the Health Department during the period of the committed person's commitment or conditional release.

(d) After the court considers the application for change in conditional release and the evidence, in accordance with Sec. 3-114 of this title, the court shall:

  (1) change the conditions;

  (2) impose appropriate additional conditions;

  (3) revoke the conditional release;

  (4) continue the present conditions of release;

  (5) extend the conditional release by an additional term not exceeding 5 years;

  (6) shorten the conditional release; or

  (7) terminate the conditional release.

(e)

  (1) Not earlier than 1 year after the court action on the application for change filed by the committed person, and not more than once a year thereafter, a committed person may reapply for a change in conditional release.

  (2) Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may apply for a change in conditional release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person.

#### Section 3-123

(a)

  (1) In this section the following terms have the meanings indicated.

  (2) "Defendant" means:

    (i) a committed individual;

    (ii) an individual found incompetent to stand trial; or

    (iii) an individual charged with a crime and the issue of whether the individual is incompetent to stand trial has been raised or where a plea of not criminally responsible has been entered.

  (3) "Victim" means a victim of a crime of violence or a victim who has filed a notification request form under Sec. 11-104 of this article.

  (4) "Victim's representative" includes a family member or guardian of a victim who is:

    (i) a minor;

    (ii) deceased; or

    (iii) disabled.

(b) A State's Attorney shall notify a victim or victim's representative of all rights provided under this section.

(c)

  (1) A victim or victim's representative may request notification under this section by:

    (i) notifying the State's Attorney and the Health Department of the request for notification; or

    (ii) filing a notification request form under Sec. 11-104 of this article.

  (2) A request for notification under paragraph (1)(i) of this subsection shall designate:

    (i) the address and telephone number of the victim; or

    (ii) the name, address, and telephone number of a victim's representative.

  (3) A victim or victim's representative may, at any time, withdraw a request for notification.

(d) If a victim or victim's representative has requested notification in the manner provided under subsection (c) of this section, the Health Department shall promptly notify the victim or the victim's representative in writing when:

  (1) the Health Department receives a court order to examine a defendant under this title;

  (2) the Health Department receives a court order committing a defendant to the Health Department under this title;

  (3) a hearing relating to a defendant is scheduled under this title;

  (4) the Health Department receives notice that a defendant has applied for a hearing or filed a petition for release;

  (5) the Office recommends that a committed person be released under this title;

  (6) the Health Department submits a recommendation to the court for a defendant's conditional release;

  (7) the facility of the Health Department that has charge of a defendant has notified the State's Attorney that a defendant is absent without authorization; or

  (8) the Health Department receives a court order for the conditional release or discharge from commitment of a defendant.

(e)

  (1) A victim or victim's representative may submit, in writing or orally, to the State's Attorney and to the facility of the Health Department that has charge of a defendant:

    (i) any information that the victim or victim's representative considers relevant; and

    (ii) a request that the defendant be prohibited from having any contact with the victim or victim's representative, as a condition of release.

  (2) Except for a court hearing to determine if a person is incompetent to stand trial or not criminally responsible, a victim or victim's representative may submit a written or oral statement to the court or the Office conducting a hearing or review relating to a defendant under this title containing:

    (i) any information regarding the nature and consequences of the crime and any contact after the crime between the defendant and the victim or the victim's family; and

    (ii) a request that the defendant be prohibited from having any contact with the victim as a condition of release.

(f)

  (1) If a victim or victim's representative submits written or oral information under this section, the Health Department, court, or Office shall:

    (i) consider the information;

    (ii) maintain at the facility that has charge of the defendant, separate from the medical record of the defendant, the written statement of the victim or victim's representative; and

    (iii) delete the victim's or the victim's representative's address and telephone number before any document is examined by the defendant or defendant's representative.

  (2)

    (i) If a victim or a victim's representative has submitted a written factual statement under subsection (e)(2)(i) of this section to the Health Department, at least 30 days before a hearing or review under this title the Health Department shall notify the defendant or defendant's representative in writing of the intended use of the victim's or victim's representative's written factual statement and send to the defendant or the defendant's representative a copy of the written factual statement to be admitted.

    (ii) If the defendant objects to the admission of the written factual statement of the victim or victim's representative, the defendant shall notify the Health Department, State's Attorney, and court or the Office in writing no later than 20 days before the hearing or review.

    (iii) If the timely and proper notice required under subparagraph (ii) of this paragraph is provided by the defendant, the written factual statement is inadmissible without the testimony of the victim or victim's representative.

    (iv) Failure of the defendant to give the timely and proper notice under subparagraph (ii) of this paragraph is a waiver of the defendant's right to the presence and testimony of the victim or victim's representative and the written factual statement of the victim or victim's representative shall be admitted.

    (v) If a defendant provides notice under subparagraph (ii) of this paragraph, the Health Department shall notify the victim that:

      (1) the victim's or victim's representative's written factual statement is inadmissible at the hearing without the testimony of the victim or victim's representative; and

      (2) the victim or victim's representative may attend the hearing and testify.

(g) Except as otherwise provided under this section, this section may not be construed to authorize the release to the victim or victim's representative of any medical, psychological, or psychiatric information on a defendant.

(h) The Health Department shall promptly notify the State's Attorney and a victim or a victim's representative who has requested notification regarding a defendant under this section if:

  (1) the defendant is absent without authorization;

  (2) a hospital warrant is issued for the defendant; or

  (3) notification is required under Sec. 11-508 of this article.

(i) An agent or employee of the Health Department who acts in compliance with this section shall have the immunity from liability described under Sec. 5-522 of the Courts Article.

(j) Before a hearing under this article relating to a defendant, the victim or victim's representative shall be notified of the proceeding as provided under Sec. 11-104 or Sec. 11-503 of this article.

(k)

  (1) Except as provided in paragraph (2) of this subsection, a victim or victim's representative shall have the right to attend a hearing under this article relating to a defendant as provided under Sec. 11-102 of this article.

  (2) At the request of a defendant, the Office, in a release hearing or a violation hearing under this subtitle for an individual found not criminally responsible, may exclude a victim or victim's representative from the expert testimony regarding the defendant's medical, psychological, or psychiatric information if the Office finds the medical, psychological, or psychiatric information is:

    (i) highly sensitive to the defendant; and

    (ii) not relevant to whether the defendant should be released or has violated the conditions of release.

(l)

  (1) This subsection applies only to a defendant as defined in subsection (a)(2)(ii) or (iii) of this section after the criminal charges against the defendant have been dismissed under Sec. 3-107 or Sec. 3-108 of this title.

  (2) If a victim or victim's representative has requested notification in the manner provided under subsection (c) of this section, the Health Department shall promptly notify the victim or the victim's representative in writing if the defendant:

    (i) escapes;

    (ii) is recaptured;

    (iii) is transferred to another facility;

    (iv) is released; or

    (v) has died.

#### Section 3-124

(a) Notwithstanding any other provision of law, the Health Department shall have access to information maintained by the Judiciary about a criminal defendant who is:

  (1) subject to examination under the provisions of this title;

  (2) committed to the Health Department under the provisions of this title; or

  (3) on conditional release under the provisions of this title.

(b) Before exchanging any information in accordance with this section, the Health Department and the Judiciary shall enter into an agreement regarding:

  (1) the individuals who may have access to information under this section;

  (2) what information is accessible to the individuals in item (1) of this subsection; and

  (3) the ways in which the information accessed may be used.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)