# Criminal Procedure (GCP)

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

### Subtitle 1

#### 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.

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