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<section article="gcp" article_name="Criminal Procedure" number="3-111" title_number="3" title_name="Incompetency and Criminal Responsibility in Criminal Cases" subtitle_number="1">
  <level label="a">
    <text>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 § 3-109 of this title and whether the defendant is competent to stand trial.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>in a medical wing or other isolated and secure unit of the correctional facility; or</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>When the Health Department can do the examination, a court unit shall take the defendant to the evaluation facility that the Health Department designates.</text>
      </level>
      <level label="ii">
        <text>After the examination, unless the Health Department retains the defendant, a court unit shall return the defendant to the place of confinement.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>If a court orders an examination under this section:</text>
    <level label="1">
      <text>the Health Department shall:</text>
      <level label="i">
        <text>examine the defendant; and</text>
      </level>
      <level label="ii">
        <text>send a report of its opinions to the court, the State’s Attorney, the defendant, and the defense counsel;</text>
      </level>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>for good cause shown, the court may extend the time for examination or order an additional examination.</text>
    </level>
  </level>
</section>
