HARRY HUGHES, Governor

1963

STATE IN ITS ORDER WHETHER THE EXAMINATION AND EVALUATION
ARE TO BE CONDUCTED ON AN IN-PATIENT OR OUT-PATIENT BASIS.

(C)       THE EXAMINATION AND EVALUATION IS FOR THE PURPOSE
OF DETERMINING WHETHER:

(I)       THE PERSON HAS A MENTAL DISORDER; AND

(II)        BY REASON OF THAT MENTAL DISORDER, HE
WOULD BE A DANGER TO HIMSELF OR TO THE PERSON OR PROPERTY OF
OTHERS IF NOT CONFINED IN AN INSTITUTION FOR IN-PATIENT CARE
OR TREATMENT OR NOT SUBJECT TO SPECIFIC CONDITIONS IMPOSED
BY THE COURT IN THE EVENT HE IS NOT CONFINED IN AN
INSTITUTION FOR IN-PATIENT CARE OR TREATMENT.

(D)       THE EXAMINATION AND EVALUATION SHALL BE COMMENCED
PROMPTLY AND SHALL BE COMPLETED WITHIN 20 DAYS OF THE
COMMITMENT ORDER UNLESS FOR GOOD CAUSE SHOWN THE COURT
EXTENDS THE TIME FOR COMPLETION. A COPY OF THE EVALUATION

REPORT SHALL BE SENT TO THE STATE'S ATTORNEY, THE HEARING

OFFICER, THE PERSON, AND HIS COUNSEL,

(E)        THE COURT MAY ENTER AN ORDER DIRECTING THAT THE
PERSON REMAIN FREE FROM CONFINEMENT, EITHER WITH OR WITHOUT
CONDITION, WITHOUT COMMITMENT TO THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE PURSUANT TO SUBSECTION (B) OF THIS
SECTION IF:

(I)       BOTH THE STATE'S ATTORNEY AND THE
PERSON AGREE TO THAT PROCEDURE AND TO THE CONDITIONS IMPOSED
BY THE COURT, IF ANY; AND

(II)       THE COURT HAS AVAILABLE AN EVALUATION
SIMILAR TO THAT PROVIDED FOR IN SUBSECTION (B) OF THIS
SECTION MADE WITHIN THE PRECEDING 90 DAYS.

27A.

(A)   WITHIN 10 DAYS AFTER COMPLETION OF THE EVALUATION,
A HEARING SHALL BE CONDUCTED BY A HEARING OFFICER DESIGNATED
BY THE SECRETARY. NOTICE OF THE HEARING SHALL BE SENT TO THE
STATE'S ATTORNEY, THE PERSON, AND HIS COUNSEL. THE HEARING
IS FOR THE PURPOSE OF CONSIDERING THE EVALUATION AND OTHER
RELEVANT INFORMATION TO ENABLE THE HEARING OFFICER TO MAKE
RECOMMENDATIONS TO THE COURT WITH RESPECT TO THE ISSUES
ENUMERATED IN § 27(C).

(B)   AT THE HEARING, THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, OR ITS DESIGNEE, SHALL PRESENT THE REPORTS
OF THE EXAMINATION AND EVALUATION AND OTHER RELEVANT
EVIDENCE. THE PERSON HAS THE RIGHT TO BE REPRESENTED BY A
LAWYER, AND IF INDIGENT, TO BE REPRESENTED BY THE PUBLIC
DEFENDER OR A LAWYER APPOINTED BY HIM. THE PERSON HAS AND
THE STATE'S ATTORNEY HAVE THE RIGHT:

(I) TO BE PRESENT;