1966

LAWS OF MARYLAND

Ch. 701

(A)   SIX MONTHS AFTER THE DATE OF THE COURT ORDER
REQUIRED IN § 27B(E) OR §27B(F), A PERSON CONFINED FOR CARE
OR TREATMENT OR RELEASED UPON CERTAIN CONDITIONS MAY APPLY
FOR RELEASE FROM CONFINEMENT OR MODIFICATION OF ONE OR MORE
OF THE CONDITIONS IMPOSED UPON HIS RELEASE. THEREAFTER,
UNLESS AN AFFIDAVIT SIMILAR TO THE ONE DESCRIBED IN § 15(G)
OF THIS ARTICLE IS FILED, THE PERSON MAY APPLY FOR RELEASE
OR MODIFICATION ONLY ONCE IN ANY 12-MONTH PERIOD.

(B)   THE STATE'S ATTORNEY OR A PERSON WHO HAS BEEN
CONDITIONALLY RELEASED PURSUANT TO § 27B(F) MAY APPLY FOR
MODIFICATION OF ONE OR MORE OF THE CONDITIONS IMPOSED UPON
HIS RELEASE BY NOTIFYING THE COURT AND THE OTHER PARTY IN
WRITING OF HIS REQUEST AND THE REASONS FOR MODIFICATION.
AFTER CONSIDERING THE REQUEST AND THE EVIDENCE THE COURT MAY
ENTER AN ORDER WHICH MODIFIES ONE OR MORE OF THE CONDITIONS
UPON WHICH RELEASE IS PREDICATED, IMPOSES APPROPRIATE
ADDITIONAL CONDITIONS, OR CONTINUES IN EFFECT THE ORIGINAL
CONDITIONS.

(C)   A PERSON CONFINED FOR CARE OR TREATMENT PURSUANT
TO § 27B(E) MAY APPLY FOR RELEASE FROM CONFINEMENT BY
EITHER, BUT NOT BOTH OF THE FOLLOWING: (I) NOTIFYING THE
COURT AND THE STATE'S ATTORNEY IN WRITING OF HIS REQUEST FOR
AN ADMINISTRATIVE HEARING AND JUDICIAL DETERMINATION; OR
(II) FILING A PETITION FOR JUDICIAL RELEASE UNDER THE
PROVISIONS OF § 15 OF THIS ARTICLE SUBJECT TO THE PROCEDURES
SET FORTH IN SUBSECTION (E) OF THIS SECTION.

(D)   UPON RECEIVING A NOTICE PURSUANT TO SUBSECTION
(C)(I) OF THIS SECTION, THE COURT SHALL NOTIFY THE

DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO EVALUATE THE
PERSON IN ACCORDANCE WITH THE ISSUES SET OUT IN § 27(C)
WITHIN 20 DAYS OF THE DATE OF THE NOTICE. UPON COMPLETION
OF THAT EVALUATION, THE PERSONS SHALL HAVE THE RIGHTS
ENUMERATED IN §§ 27A AND 27B.

(E)   IF A PERSON ELECTS TO APPLY FOR RELEASE PURSUANT
TO SUBSECTION (C) (II) OF THIS SECTION:

(I)   THE PETITION MUST BE FILED IN THE
COUNTY WHERE THE PERSON WAS FOUND NOT GUILTY BY REASON OF
INSANITY;

(II)   A COPY OF THE PETITION MUST BE
FORWARDED TO THE STATE'S ATTORNEY'S OFFICE;

(III)   THE COURT SHALL DIRECT THE JURY,
WHEN A JURY TRIAL IS ELECTED, TO CONSIDER THE ISSUES SET
FORTH IN § 27(C); AND

(IV)   THE COURT SHALL REQUIRE THE JURY TO
RENDER A VERDICT OF RELEASE, RELEASE UPON CONDITION, OR
RETAIN AS AN IN-PATIENT.

IF THE JURY RETURNS A VERDICT OF RELEASE UPON
CONDITION, THE COURT HAS 30DAYS FROM THE DATE OF THE