SPIRO T. AGNEW, Governor                        1543

disease or defect, a danger to himself or to the safety of the person
or property of others, it shall (save in capital cases) set bail for the
defendant or authorize his release upon recognizance. The court
may at any time upon suggestion of the state or the accused OR UPON
ITS OWN MOTION and subject to the limitations as to fre-
quency contained in Section 21, reconsider the question of the
accused's, competency to stand trial. If the court determines
that the defendant is by reason of mental disease or defect,
a danger to himself or to the safety of the person or property
of others, it may in its discretion order the defendant sent to
a hospital or mental institution, public, corporate, or private
designated by the Department until such time as the court is satis-
fied that the defendant is competent to stand trial or has ceased to
be by reason of mental disease or defect a danger to himself or
to the safety of the person or property of others. The defendant shall
at any time after such order have the right to apply for his release
pursuant to the provisions of Section 21 of this Article, the said
order of committal to be treated as a hearing for purposes of deter-
mining the availability of subsequent review under that section. The
fact that the defendant is found not competent to stand trial does
not preclude his counsel if he elects to do so from making any legal
objection to the prosecution which is susceptible of fair determina-
tion prior to trial and without the personal participation of the
defendant.

(b) Whether or not the defendant is confined, if the court is
of the view that so much time has elapsed since the finding of in-
competency that it would be unjust to resume the criminal proceed-
ing, the court may dismiss the charge; provided, that in capital
cases the court may not dismiss the charge until ten (10) years
have elapsed from the date of the finding of incompetency and in
all other cases punishable by imprisonment in the penitentiary the
court may not dismiss the charge until five (5) years have elapsed
from the date of the finding of incompetency. The Department of
Mental Hygiene shall annually report to each court under whose
commitment it may hold any person pursuant to this section a list
of all such persons in its custody, along with any recommendations
which it may deem appropriate. A copy of each such report and
recommendations shall be sent by the Department to the State's
Attorney instituting the charges and an additional copy shall be
filed with the clerk of the court. The clerk shall advise the last
counsel for each such person as shown by the records of the court
of the fact that his client is so listed and furnish to him a copy
of any recommendation pertaining to his client. The State's Attorney
instituting the charges shall within thirty (30) days forward to
the court and to the last counsel for each person charged his recom-
mendation as to the disposition of charges against persons who, by
reason of the length of their detention, might be eligible for release
under this section.

9.

(a) A defendant is not responsible for criminal conduct and
shall be found insane at the time of the commission of the alleged
crime if, at the time of such conduct as a result of mental disease
or defect, he lacks substantial capacity either to appreciate the crim-
inality of his conduct or to conform his conduct to the requirements