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Session Laws, 1970
Volume 695, Page 944   View pdf image
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944                              Laws of Maryland                       Ch. 407

25.    Test of responsibility for criminal conduct; plea of insanity;
examination by Department of Mental Hygiene; jury verdict as to
insanity.

(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 disorder, he
lacks substantial capacity either to appreciate the criminality of
his conduct or to conform his conduct to the requirements of law.
As used in this section, the terms "mental disorder" do not include
an abnormality manifested only by repeated criminal or otherwise
antisocial 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 information
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 Hygiene, sub-
ject to the provisions of Section 26 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 defendant was
insane at the time of the commission of the alleged crime shall have
been filed by the defendant or his counsel.

26.    Time of forwarding Department's reports as to insanity at the
time of commission of offense and competency to stand trial.

Where a defendant shall have interposed a plea in writing pur-
suant to Section 25 of this article alleging that he was insane at
the time of the commission of the alleged crime, the Department
shall forward 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 inter-
posed 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)
THIRTY (30) days
after referral, if the allegation of incompetency was made by the
court upon its own motion.
IN ALL CASES, IT SHALL BE THE
RIGHT OF THE DEFENDANT TO HAVE THE REPORT FILED
WITHIN THE TIME SPECIFIED HEREIN. 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.

27.  Committal to Department of person found not guilty by reason
of insanity; examination and report; confinement or release.


 

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Session Laws, 1970
Volume 695, Page 944   View pdf image
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