Marvin Mandel, Governor                         943

(a)  If the Department of Mental Hygiene shall report that in
its opinion a defendant is not competent to stand trial within the
meaning of Section 23, the Department shall include in its report,
for the purpose of releasing the defendant for out-patient care, bail
or recognizance, a full and complete supplementary opinion stating
whether such person, by reason of mental disorder, would, if he
becomes a free agent, be a danger to himself or to the safety of
the person or property of others. If the court, after receipt of the
report, shall find that the defendant is not, by reason of mental
disorder, a danger to himself or to the safety of the person or prop-
erty of others, it shall MAY (save in capital cases) set bail for the de-
fendant or authorize his release upon recognizance. The court may
at any time upon suggestion of the accused or upon its own motion
and subject to the limitations as to frequency contained in Section
15(g), reconsider the question of the accused's competency to stand
trial. If the court determines that the defendant is by reason of
mental disorder, 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 facility designated by the Department until such time as
the court is satisfied that the defendant is competent to stand trial
or has ceased to be by reason of mental disorder a danger to him-
self or to the safety of the person or property of others. The de-
fendant shall at any time after such order have the right to apply
for his release pursuant to the provisions of Section 15 of this
article, the said order of committal to be treated as a hearing for
purposes of determining 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 suscep-
tible of fair determination 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 incom-
petency that it would be unjust to resume the criminal proceeding,
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 insti-
tuting 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.