HARRY HUGHES, Governor

1965

(C)   IF EXCEPTIONS ARE FILED, OR IF THE COURT DOES NOT
INTEND TO FOLLOW THE RECOMMENDATIONS OF THE HEARING OFFICER,
IT SHALL, WITHIN 30 DAYS AFTER RECEIPT OF THE REPORT, UNLESS
WAIVED BY THE PERSON AND THE STATE'S ATTORNEY CONDUCT A
HEARING. THE HEARING SHALL BE ON THE RECORD MADE BEFORE THE
HEARING OFFICER, ALTHOUGH THE COURT MAY CONTINUE THE HEARING
AND REMAND THE CASE BACK TO THE HEARING OFFICER FOR TAKING
OF ADDITIONAL EVIDENCE. THE PERSON HAS A RIGHT TO BE
PRESENT AND TO BE REPRESENTED BY COUNSEL AT THIS HEARING.
THE COURT MAY ORDER A TRANSCRIPT OF THE HEARING SPECIFIED IN
§ 27A (D) WHEN REQUIRED.

(D)   THE COURT SHALL ENTER AN APPROPRIATE ORDER WITHIN
15 DAYS AFTER THE WAIVER OR THE CONCLUSION OF THE HEARING.

(E)   IF THE COURT FINDS THAT THE PERSON HAS A MENTAL
DISORDER, AND BY REASON OF THAT MENTAL DISORDER WOULD BE A
DANGER TO HIMSELF, OR THE PERSON OR PROPERTY OF OTHERS IF
NOT CONFINED IN AN INSTITUTION FOR IN-PATIENT CARE OR
TREATMENT, IT SHALL ENTER AN ORDER COMMITTING THE PERSON TO
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR
INSTITUTIONAL IN-PATIENT CARE OR TREATMENT.

(F)   IF THE COURT FINDS THAT THE PERSON HAS A MENTAL
DISORDER, AND BY REASON OF THAT MENTAL DISORDER WOULD NOT BE
A DANGER TO HIMSELF OR THE PERSON OR PROPERTY OF OTHERS IF
NOT CONFINED IN AN INSTITUTION FOR IN-PATIENT CARE OR
TREATMENT, BUT WOULD BE A DANGER IF RELEASED INTO THE
COMMUNITY WITHOUT SPECIAL CONDITIONS IMPOSED BY THE COURT,
THE COURT SHALL ENTER AN ORDER RELEASING THE PERSON SUBJECT
TO THE CONDITIONS.

(G)   UPON THE REPORT OF AN ALLEGED VIOLATION OF A
CONDITION CONTAINED IN THE ORDER THE COURT MAY BY BODY
ATTACHMENT CAUSE THE PERSON TO BE BROUGHT BEFORE IT AND
SHALL CONDUCT A HEARING AND. IF THE COURT FINDS THAT A
VIOLATION HAS OCCURRED THE COURT MAY REVOKE THE ORDER OF
RELEASE AND COMMIT THE PERSON TO THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE UNDER THE PROVISIONS OF SUBSECTION (E) OF
THIS SECTION, OR THE COURT MAY OTHERWISE MODIFY THE ORDER.

(H) IN ALL OTHER CASES THE COURT SHALL ORDER THE
PERSON RELEASED WITHOUT CONDITION.

(I) ALL FINDINGS BY THE COURT UNDER SUBSECTIONS (E)
AND (F) OF THIS SECTION SHALL BE UPON A PREPONDERANCE OF THE
EVIDENCE. THE ORDER SHALL CONTAIN A CONCISE STATEMENT OF
THE COURT'S FINDINGS AND THE REASONS FOR THEM.

(J) AN APPEAL FROM A DISTRICT COURT ORDER SHALL BE ON
THE RECORD IN CIRCUIT COURT. AN APPEAL FROM A CIRCUIT COURT
ORDER SHALL BE BY APPLICATION FOR LEAVE TO APPEAL TO THE
COURT OF SPECIAL APPEALS.

27C.