2874

LAWS OF MARYLAND

Ch. 823

recommendation as to the disposition of charges against
persons who, by reason of the length of their detention,
might be eligible for release under this section.

25.

(b) When it is desired to interpose the defense of
insanity on behalf of one charged with the commission of a
crime the defendant or his counsel shall at the time of
pleading to the warrant, indictment or information unless
the court for good cause shown shall allow a later plea,
file a plea in writing in addition to the plea or pleas
otherwise required or permitted by law, alleging that the
defendant was insane at time of the commission of the
alleged crime. The judge of the court in which such
warrant, indictment or information is pending and in which
such plea of insanity has been entered shall have full power
and authority to order an examination of the mental
condition of such person by the Department of HEALTH AND
Mental Hygiene, subject to the provisions of § 26 of this
article. At the trial of any case where there has been
theretofore filed a plea of insanity at the time of the
commission of the crime, the court shall direct the jury to
render a special verdict on the sanity of the defendant at
the time of the alleged crime. No such verdict as to
insanity of the defendant at the time of the alleged crime
shall be directed or accepted unless a plea in writing
alleging that the defendant was insane at the time of the
commission of the alleged crime shall have been filed by the
defendant or his counsel.

27B.

(k)(I-1) IF THE PERSON IS DETERMINED, IN ACCORDANCE
WITH SUBSECTION (E) OF THIS SECTION, TO BE IN NEED OF
IN-PATIENT CARE OR TREATMENT BECAUSE OF A MENTAL DISORDER
THAT IS PRIMARILY A RESULT OF MENTAL RETARDATION, THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL DESIGNATE A
FACILITY FOR THE MENTALLY RETARDED TO PROVIDE THE CARE AND
TREATMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 27, 1980.

CHAPTER 824
(Senate Bill 243)
AN ACT concerning

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