(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 […]
The Secretary of the Health Department shall adopt regulations to carry out the provisions of this title that relate to the Health Department.
(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 […]
(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, […]
(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 […]
(a) (1) In this section, “designated health care facility” means: (i) a State facility as defined in § 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 […]
(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 § 14–101 of the […]
(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 § 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 […]
(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 mental retardation, 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 […]
(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 insanity under the test for criminal responsibility in § 3-109 of this title. […]
(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 § 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 […]
(a) (1) In this section, “designated health care facility” means: (i) a State facility as defined in § 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 […]
(a) (1) Within 10 days after commitment of a person under § 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 […]
(a) A committed person may be released under the provisions of this section and §§ 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 mental disorder or mental retardation, to self or to the person or property […]
(a) Within 50 days after commitment to the Health Department under § 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 § […]
(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 […]
(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 […]
(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 § 3-114 of this title, and enter an appropriate order containing a concise statement of […]
(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 […]
(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 […]
