942                              Laws of Maryland                       Ch. 407

(b)  Any person who fails to comply with the provisions of this
subtitle pertaining to patient records in a facility, or who detains
a patient in a facility contrary to the provisions of this subtitle,
is guilty of a misdemeanor, and upon conviction thereof, shall be
imprisoned for a period not to exceed two years, or fined an amount
not to exceed $5,000. or both.

(c)  In addition to the penalties prescribed by subsection (a) and
(b) above, any person who willfully violates any of the provisions
of this subtitle, may be liable civilly, for damages sustained by any
patient wrongfully admitted or detained against his will.

22. Open.

Subtitle: Insanity as a Defense in Criminal Cases

23. When court to determine competency to stand trial; habeas
corpus to determine legality of detention; examination of defendant
by Department of Mental Hygiene; report of findings; bail or recog-
nizance pending examination; reconsideration of question after de-
fendant found competent.

Whenever prior to or during the trial, any person charged with
the commission of any crime shall appear to the court, or be alleged
to be incompetent to stand trial, by the defendant himself, the court
shall determine upon testimony and evidence presented on the record
whether such person is unable to understand the nature of the
object of the proceeding against him or to assist in his defense. As
used in this subtitle, "court" means any court having any criminal
jurisdiction. The court for good cause and after affording the de-
fendant an opportunity to be heard on his own behalf or through
counsel may pass an order requesting an examination of the de-
fendant by the Department of Mental Hygiene. During the period
for which any person may be held for examination under this
section, he may at any time question the legality of his detention
by means of the writ of habeas corpus. The court (save in capital
cases), may upon consideration of the nature of the charge, require
or permit the examination to be conducted on an out-patient basis
and where such out-patient examination is authorized, shall set bail
for the defendant or authorize his release upon recognizance. The
court shall fix and from time to time may modify the conditions
under which the examination shall be made. Whenever any de-
fendant shall be referred to the Department of Mental Hygiene for
an examination of his competency to stand trial under this section,
he shall be examined and a full and complete report of findings shall
be forwarded to the court having jurisdiction over the defendant,
to the State's Attorney and to counsel for the defendant within the
time specified in Section 26 below. If the court after receiving testi-
mony and evidence determines that the defendant is competent to
stand trial within the meaning of this section, the trial shall com-
mence as soon as practicable or, if already commenced, shall continue.
The court may in its discretion at any time during the trial and until
the verdict is rendered, reconsider the question of the competency of
the defendant to stand trial as otherwise provided in this section.

24. Bail or recognizance after defendant found not competent
to stand trial; reconsideration of question of competency after such
finding; committing defendant to institution; counsel's right to make
objection to prosecution; dismissal of charges after finding of in-
competency.