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Session Laws, 1967
Volume 681, Page 1544   View pdf image (33K)
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1544                             LAWS OF MARYLAND                        [CH. 709

of law. As used in this Section, the terms "mental disease or de-
fect" do not include an abnormality manifested only by repeated
criminal or otherwise anti-social conduct.

(b) When it is desired to interpose the defense of insanity on
behalf of one charged with the commission of a crime the defendant
or his counsel shall at the time of pleading to the
WARRANT, indict-
ment or information unless the court for good cause shown shall allow
a later plea, file a plea in writing in addition to the plea or pleas
otherwise required or permitted by law, alleging that the defendant
was insane at time of the commission of the alleged crime. The
judge of the court in which such
WARRANT, indictment or informa-
tion is pending and in which such plea of insanity has been entered
shall have full power and authority to order an examination of the
mental condition of such person by the Department of Mental Hy-
giene, subject to the provisions of Section 10 of this Article. At the
trial of any case where there has been theretofore filed a plea of
insanity at the time of the commission of the crime, the court shall
direct the jury to render a special verdict on the sanity of the
defendant at the time of the alleged crime. No such verdict as to
insanity of the defendant at the time of the alleged crime shall be
directed or accepted unless a plea in writing alleging that the de-
fendant was insane at the time of the commission of the alleged
crime shall have been filed by the defendant or his counsel.

10.

Where a defendant shall have interposed a plea in writing pursuant
to Section 9 of this Article alleging that he was insane at the time
of the commission of the alleged crime, the Department shall for-
ward a report of its opinions relating to insanity at the time of
commission of the alleged offense and to competency to stand trial,
to the court having jurisdiction over the defendant within sixty
(60) days after referral. Where no plea alleging insanity at the
time of the commission of the alleged offense has been interposed
by the defendant, the Department shall forward its report of opinion
as to competency to stand trial within thirty (30) days after referral,
if the allegation of incompetency was made by or on behalf of the
defendant, or within fifteen (15) days after referral, if the allega-
tion of incompetency was made by the prosecution or by the court
upon its own motion. In all cases, the order of court referring the
defendant for examination shall recite the applicable time period
for examination which may be extended by subsequent order of
court for good cause shown.

11.

A person who has been found not guilty of any crime by reason
of insanity at the time of the commission of the act, in the discretion
of the court, may be committed to the Department of Mental Hy-
giene for confinement in one of the hospitals of the State for exam-
ination and evaluation to determine, by the standards applicable
to civil commitment proceedings under Section 32 of this Article,
whether such person by reason of mental disease or defect would,
if he becomes a free agent, be a danger to himself or to the safety
of the person or property of others. Upon the basis of the report by
the hospital, and any other evidence before it, the court may in its
discretion, direct that the person be confined in a hospital or other


 

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Session Laws, 1967
Volume 681, Page 1544   View pdf image (33K)
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