HARRY HUGHES, Governor

1143

community without special conditions imposed by the court,
the court shall enter an order releasing the person subject
to the conditions. THIS CONDITIONAL RELEASE MAY NOT BE FOR
A PERIOD LONGER THAN 5 YEARS UNLESS EXTENDED PURSUANT TO
SUBSECTION 27C(B).

(i) All findings by the court under subsections (e)
and (f) of this section shall be upon [a preponderance of
the] CLEAR AND CONVINCING evidence. The order shall contain
a concise statement of the court's findings and the reasons
for them.

27C.

(b) The State's attorney, THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, 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, REVOKES CONDITIONAL RELEASE, or continues in
effect the original conditions.

28.

If the Department of HEALTH AND Mental Hygiene is of
the view that a person committed pursuant to §§ 24 [or 27],
27, 27B, OR 27C of this article (except during the first
ninety (90) days of commitment following a finding of not
guilty by reason of insanity) not otherwise subject to
release without condition, may be released on condition
without danger to himself or to the safety of the person or
property of others, it shall make application for the
release of the person in a report to the court by which the
person was committed and shall present a copy of the
application to the State's attorney and the clerk of the
court of the county from which the defendant was committed.
The clerk of the court shall send a copy of the application
to the last [council] COUNSEL for each person. [If the
court is satisfied that the committed person may be released
on condition without danger to himself or to the safety of
the person or property of others, the court shall order his
release on reasonable conditions as the court determines to
be necessary. If within five (5) years after the conditional
release of a committed person the court shall determine,
after hearing evidence, that the conditions of release have
not been fulfilled and that his continued release on
conditions constitutes by reason of mental disorder a danger
to himself or to the safety of the person or property of
others, the court shall forthwith order him to be
recommitted.] THE COURT SHALL MAKE A DETERMINATION PURSUANT
TO § 27B(E) OR (F) AND PREPARE THE APPROPRIATE ORDER. IF
THE COURT ORDERS RELEASE UPON CONDITIONS, THE STATE'S
ATTORNEY, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, OR