1964

LAWS OF MARYLAND

Ch. 701

(II)   TO BE REPRESENTED BY A LAWYER, AND IF

INDIGENT, TO BE REPRESENTED BY THE PUBLIC DEFENDER OR A

LAWYER APPOINTED BY HIM;

(III)   TO CROSS-EXAMINE ADVERSE WITNESSES;
AND

(IV) (III) TO PRESENT EVIDENCE ON HIS

BEHALF.

(C)   THE HEARING OFFICER SHALL ISSUE AN APPROPRIATE
SUMMONS FOR THE ATTENDANCE OF WITNESSES AND THE PRODUCTION
OF DOCUMENTS AND OTHER TANGIBLE EVIDENCE, AND THE COURT MAY
COMPEL COMPLIANCE IF NECESSARY. UPON REQUEST RECORDS AND
REPORTS PERTAINING TO ANY EVALUATIONS OR TREATMENT OF THE
PERSON BY THE STATE SHALL BE MADE AVAILABLE TO THE PERSON OR
HIS LAWYER.

(D)   THE FORMAL RULES OF EVIDENCE DO NOT APPLY AND THE
HEARING OFFICER MAY ADMIT AND CONSIDER ANY RELEVANT
EVIDENCE. A RECORDING OF THE HEARING SHALL BE MADE, BUT NOT
TRANSCRIBED UNLESS REQUESTED BY THE COURT.

(E)   WITHIN 10 DAYS AFTER THE COMPLETION OF THE
HEARING, THE HEARING OFFICER SHALL PREPARE A REPORT AND SEND
IT TO THE COURT, THE STATE'S ATTORNEY, THE PERSON, THE
PERSON'S LAWYER AND THE EXAMINING FACILITY. THE REPORT
SHALL CONTAIN:

(I)   A SUMMARY OF THE EVIDENCE PRESENTED AT
THE HEARING;

(II)   THE HEARING OFFICER'S RECOMMENDATIONS
AS TO EACH ISSUE TO BE DECIDED BY THE COURT;

(III)   IF RELEASE FROM IN-PATIENT
CONFINEMENT IS RECOMMENDED, A FURTHER RECOMMENDATION AS TO
THE CONDITIONS, IF ANY, THAT SHOULD BE IMPOSED UPON THE
PERSON; AND

(IV)   THE PROCEDURE FOR FILING EXCEPTIONS
TO THE REPORT.

27B.

(A) WITHIN 10 DAYS AFTER RECEIPT OF THE REPORT, THE
PERSON OR THE STATE'S ATTORNEY MAY REQUEST A HEARING BEFORE
THE COURT BY FILING WITH THE COURT WRITTEN EXCEPTIONS TO THE
REPORT.

(3) IF NO EXCEPTIONS ARE TIMELY FILED AND, UPON ITS
OWN REVIEW OF THE REPORT THE COURT DETERMINES THAT THE
RECOMMENDATIONS OF THE HEARING OFFICER ARE SUPPORTED BY THE
EVIDENCE AND ARE OTHERWISE APPROPRIATE, IT SHALL, WITHIN 30
DAYS AFTER RECEIPT OF THE REPORT, ENTER AN ORDER IN
CONFORMANCE WITH THOSE RECOMMENDATIONS.