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<section article="gcp" article_name="Criminal Procedure" number="3-122" title_number="3" title_name="Incompetency and Criminal Responsibility in Criminal Cases" subtitle_number="1">
  <level label="a">
    <level label="1">
      <text>An application to the court for a change in conditional release of a committed person may be made by:</text>
      <level label="i">
        <text>the Health Department or the State’s Attorney at any time; or</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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 § 3–114 of this title.</text>
    </level>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>After the court considers the application for change in conditional release and the evidence, in accordance with § 3–114 of this title, the court shall:</text>
    <level label="1">
      <text>change the conditions;</text>
    </level>
    <level label="2">
      <text>impose appropriate additional conditions;</text>
    </level>
    <level label="3">
      <text>revoke the conditional release;</text>
    </level>
    <level label="4">
      <text>continue the present conditions of release;</text>
    </level>
    <level label="5">
      <text>extend the conditional release by an additional term not exceeding 5 years;</text>
    </level>
    <level label="6">
      <text>shorten the conditional release; or</text>
    </level>
    <level label="7">
      <text>terminate the conditional release.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
