SPIRO T. AGNEW, Governor                        1545

mental institution, public, corporate, or private designated by the
Department for treatment. He shall at any time after three (3)
months from the date of his confinement of examination and evalua-
tion have the right to apply for his release pursuant to the provisions
of Section 21 of this Article. Upon a negative report by the hospital,
the court having jurisdiction shall order the person promptly re-
leased unless good cause for a contrary determination as to danger-
ousness is shown by the State's Attorney.

12.

If the Department of Mental Hygiene is of the view that a person
committed pursuant to Section 8 or 11 of this Article (except during
the first ninety (90) days of commitment following a finding of not
guilty by reason of insanity) not otherwise subject to release with-
out condition, may be released on condition without danger to him-
self or to the safety of the person or property of others, it shall
make application for the release of such person in a report to the
court by which such person was committed and shall present a copy
of such application to the State's Attorney AND THE CLERK OF
THE COURT of the county from which the defendant was committed.
THE CLERK OF THE COURT SHALL SEND A COPY OF SUCH
APPLICATION TO THE LAST COUNSEL FOR EACH SUCH
PERSON. If the court is satisfied that the committed person may be
released on condition without danger to himself or to the safety of the
person or property of others, the court shall order his release on such
reasonable conditions as the court determines to be necessary. If,
within five (5) years after the conditional release of a committed
person the court shall determine, after hearing evidence, that the con-
ditions of release have not been fulfilled and that his continued release
on conditions constitutes by reason of mental disease or defect a
danger to himself or to the safety of the person or property of others,
the court shall forthwith order him to be recommitted.

Sec. 2. And be it further enacted, That the provisions of this
Act shall be applicable to all cases tried or scheduled for trial on
and after the effective date of this Act.

Sec. 3. And be it further enacted, That all laws or parts of laws,
public general or public local inconsistent with the provisions of
this Act are hereby repealed to the extent of any such inconsistency.

Sec. 4. And be it further enacted, That if any provision of this
Act or the application thereof to any person or circumstance is held
invalid for any reason, such invalidity shall not affect the other
provisions or any other application of this Act which can be given
effect without the invalid provisions or application and to this end
all the provisions of this Act are hereby declared to be severable.

Sec. 5. And be it further enacted, That this Act shall take effect
June 1, 1967.

Approved May 4, 1967.