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Session Laws, 1980
Volume 739, Page 1142   View pdf image
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1142

LAWS OF MARYLAND

Ch. 292

CHAPTER 292

(Senate Bill 221)

AN ACT concerning

Plea of Not Guilty by Reason of Insanity

FOR the purpose of changing the time in which a hearing must
be held after evaluation of a person found not guilty
by reason of insanity; limiting the period of
conditional release for such a person; changing the
criteria for proof of findings by the court; allowing
certain interested parties to apply for modification of
a conditional release order; and generally relating to
procedures relating to persons found not guilty by
reason of insanity.

BY repealing and reenacting, with amendments,

Article 59 - Mental Hygiene

Section 27A(a), 27B(f) and (i), 27C(b), and 28

Annotated Code of Maryland

(1972 Replacement Volume and 1979 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be repealed, amended, or enacted to read as follows: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

27A.

(a) [Within 10 days after completion of the
evaluation,] UNLESS POSTPONED FOR GOOD CAUSE OR BY AGREEMENT
OF THE PERSON AND THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, WITHIN 30 DAYS AFTER THE DATE OF THE ORDER
SPECIFIED IN § 27A 27(B), 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).

27B.

(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

 

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Session Laws, 1980
Volume 739, Page 1142   View pdf image
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