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1962
LAWS OF MARYLAND
Ch. 701
Article 59 - Mental Hygiene
Section 27
Annotated Code of Maryland
(1972 Replacement Volume and 1978 Supplement)
BY adding to
Article 59 — Mental Hygiene
Section 27, 27A, 27B and 27C
Annotated Code of Maryland
(1972 Replacement Volume and 1978 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 59 — Mental Hygiene
27.
[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 discretion 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 applicable to civil admission
proceedings under §§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 for examination and evaluation have the
right to apply for his release pursuant to the provisions of
§ 15 of this article. Before a hearing on such application
and petition shall be held the applicant shall present a
copy of the application and petition to the State's attorney
of Baltimore City or the county from which the defendant was
committed. Upon a negative report by the facility, the
court having jurisdiction shall order the person promptly
released unless good cause for a contrary determination as
to dangerousness is shown by the State's attorney.]
(A) IN THIS SECTION AND IN §§ 27A, 27B AND 27C,
"PERSON" MEANS A CRIMINAL DEFENDANT WHO HAS BEEN FOUND NOT
GUILTY BY REASON OF INSANITY, UNLESS THE CONTEXT OF ITS USE
REQUIRES OTHERWISE.
(B) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS
SECTION, IMMEDIATELY AFTER A PERSON HAS BEEN FOUND NOT
GUILTY BY REASON OF INSANITY, THE COURT SHALL ORDER THE
PERSON COMMITTED TO THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE FOR EXAMINATION AND EVALUATION. THE COURT SHALL
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