HARRY HUGHES, Governor

2873

to the safety of the person or property of others. If the
court, after receipt of the report, shall find that the
defendant is not, by reason of mental disorder, a danger to
himself or to the safety of the person or property of
others, it may (save in capital cases) set bail for the
defendant or authorize his release upon recognizance. The
court may at any time upon suggestion of the accused or upon
its own motion and subject to the limitations as to
frequency contained in § 15(g), reconsider the question of
the accused's competency to stand trial. If the court
determines that the defendant is by reason of mental
disorder, a danger to himself or to the safety of the person
or property of others, it may in its discretion order the
defendant sent to a facility designated by the Department OF
HEALTH AND MENTAL HYGIENE until such time as the court is
satisfied that the defendant is competent to stand trial or
has ceased to be by reason of mental disorder a danger to
himself or to the safety of the person or property of
others. IF THE DEFENDANT IS DETERMINED TO BE INCOMPETENT
BECAUSE OF MENTAL RETARDATION AND IS IN NEED OF CARE OR
TREATMENT, THE DEPARTMENT SHALL REQUIRE THE MENTAL
RETARDATION ADMINISTRATION TO PROVIDE THE CARE AND
TREATMENT. The defendant shall at any time after such order
have the right to apply for his release pursuant to the
provisions of § 15 of this article, the said order of
committal to be treated as a hearing for purposes of
determining the availability of subsequent review under that
section. The fact that the defendant is found not competent
to stand trial does not preclude his counsel, if he elects
to do so, from making any legal objection to the prosecution
which is susceptible of fair determination prior to trial
and without the personal participation of the defendant.

(b) Whether or not the defendant is confined, if the
court is of the view that so much time has elapsed since the
finding of incompetency that it would be unjust to resume
the criminal proceeding, the court may dismiss the charge;
provided, that in capital cases the court may not dismiss
the charge until ten (10) years have elapsed from the date
of the finding of incompetency and in all other cases
punishable by imprisonment in the penitentiary the court may
not dismiss the charge until five (5) years have elapsed
from the date of the finding of incompetency. The
Department of HEALTH AND Mental Hygiene shall annually
report to each court under whose commitment it may hold any
person pursuant to this section, a list of all such persons
in its custody, along with any recommendations which it may
deem appropriate. A copy of each such report and
recommendations shall be sent by the Department to the
State's attorney instituting the charges and an additional
copy shall be filed with the clerk of the court. The clerk
shall advise the last counsel for each such person as shown
by the records of the court of the fact that his client is
so listed and furnish to him a copy of any recommendation
pertaining to his client. The State's attorney instituting
the charges shall within thirty (30) days forward to the
court and to the last counsel for each person charged his