2872

LAWS OF MARYLAND

Ch. 823

(f) "Mental disorder" means mental illness or any
other form of behavioral or emotional illness resulting from
any psychiatric or neurological disorder. The term shall
not include mental retardation EXCEPT AS USED IN §§ 23
THROUGH 28, INCLUSIVE.

23.

Whenever prior to or during the trial, any person
charged with the commission of any crime shall appear to the
court, or be alleged to be incompetent to stand trial, by
the defendant himself, the court shall determine upon
testimony and evidence presented on the record whether such
person is unable to understand the nature of the object of
the proceeding against him or to assist in his defense. As
used in this subtitle, "court" means any court having any
criminal jurisdiction. The court for good cause and after
affording the defendant an opportunity to be heard on his
own behalf or through counsel may pass an order requesting
an examination of the defendant by the Department of HEALTH
AND Mental Hygiene. During the period for which any person
may be held for examination under this section, he may at
any time question the legality of his detention by means of
the writ of habeas corpus. The court (save in capital
cases), may upon consideration of the nature of the charge,
require or permit the examination to be conducted on an
out-patient basis and where such out-patient examination is
authorized, shall set bail for the defendant or authorize
his release upon recognizance. The court shall fix and from
time to time may modify the conditions under which the
examination shall be made. Whenever any defendant shall be
referred to the Department of HEALTH AND Mental Hygiene for
an examination of his competency to stand trial under this
section, he shall be examined and a full and complete report
of findings shall be forwarded to the court having
jurisdiction over the defendant, to the State's attorney and
to counsel for the defendant within the time specified in §
26 below. If the court after receiving testimony and
evidence determines that the defendant is competent to stand
trial within the meaning of this section, the trial shall
commence as soon as practicable or, if already commenced,
shall continue. The court may in its discretion at any time
during the trial and until the verdict is rendered,
reconsider the question of the competency of the defendant
to stand trial as otherwise provided in this section.

24.

(a) If the Department of HEALTH AND Mental Hygiene
shall report that in its opinion a defendant is not
competent to stand trial within the meaning of § 23, the
Department shall include in its report, for the purpose of
releasing the defendant for out-patient care, bail or
recognizance, a full and complete supplementary opinion
stating whether such person, by reason of mental disorder,
would, if he becomes a free agent, be a danger to himself or