Marvin Mandel, Governor                           945

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 discre-
tion of the court, may be committed to the Department of Mental
Hygiene for confinement in one of the facilities of the State for
examination and evaluation to determine, by the standards ap-
plicable to civil admission proceedings under Sections 11 and 12 of
this article, 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. Upon the basis of the
report by the facility, and any other evidence before it, the court
may in its discretion, direct that the person be confined in a facility
designated by the Department for treatment. He shall at any time
after three (3) months from the date of his confinement of examina-
tion and evaluation have the right to apply for his release pursuant
to the provisions of Section 15 of this article. Upon a negative
report by the facility, the court having jurisdiction shall order the
person promptly released unless good cause for a contrary determi-
nation as to dangerousness is shown by the State's attorney.

28.    Release on condition of person committed pursuant to Section
24 or 27; recommittal.

If the Department of Mental Hygiene is of the view that a person
committed pursuant to Section 24 or 27 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 re-
lease without condition, may be released on condition without danger
to himself 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 pre-
sent 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 appli-
cation 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 con-
ditions 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 conditions of re-
lease have not been fulfilled and that his continued release on con-
ditions constitutes by reason of mental disorder a danger to himself
or to the safety of the person of property of others, the court shall
forthwith order him to be recommitted.

29.    Open.
Subtitle: Facilities.

30. Appointment, Powers and Duties of Superintendents.

(a)   The superintendent of each public facility shall be appointed
by the Secretary with the advice of the Commissioner and shall have
such qualifications as may from time to time be specified by the
Secretary. NO COUNTY OR MUNICIPAL HOSPITAL SHALL
FOR PURPOSES OF THIS SECTION, BE CONSIDERED A PUB-
LIC FACILITY.

(b)   The superintendent of each public facility shall appoint such
personnel as may be needed and are provided for in the budget.