HARRY HUGHES, Governor

2069

custody, after__referral__by a court for a criminal

competency, examination; and providing for the

transportation of these persons to an evaluation

facility __and their return from the facility after the

evaluation is completed; and clarifying language.

BY repealing and reenacting, with amendments,

Article 59 — Mental Hygiene

Section 26

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be repealed, amended, or enacted to read as follows: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

26.

(A)   Where a defendant [shall have] interposed a plea
in writing pursuant to § 25 of this article [alleging that
he was insane at the time of the commission of the alleged
crime], the Department shall forward a report of its
opinions relating to insanity at the time of commission of
the alleged offense and to competency to stand trial[,] to
the court having jurisdiction over the defendant within
[sixty (60)] 60 days after referral.

(B)   Where no plea alleging insanity at the time of the
commission of the alleged offense has been interposed by the
defendant, the Department shall forward its report of
opinion as to competency to stand trial within [thirty (30)]
7 30 days after referral, if the allegation of incompetency
was made by or on behalf of the defendant, or within [thirty
(30)] 7 30 days after referral, if the allegation of
incompetency was made by the court upon its own motion.

(C)   In all cases, it shall be the right of the
defendant to have the report filed within the time specified
herein.

(D)   In all cases, the order of court referring the
defendant for examination shall recite the applicable time
period for examination which may be extended by subsequent
order of court for good cause shown.

(E) IN CASES IN WHICH THE DEFENDANT IS TO BE EVALUATED

AS AN INPATIENT, THE DEFENDANT HAS THE RIGHT TO BE RETURNED

TO THE JURISDICTION OF THE COURT WITHIN THE CORRESPONDING

TIME SPECIFIED IN SUBSECTION (B) RELATING TO FILING OF

REPORTS.

(F) IN CASES IN WHICH THE DEFENDANT REMAINS IN CUSTODY
AFTER BEING REFERRED FOR AN EXAMINATION, THE DEFENDANT SHALL