HARRY HUGHES, Governor                                 2959

Approved May 27, 1980.

CHAPTER 840

(Senate Bill 873)

AN ACT concerning

Mental Hygiene Laws - Evaluation in Criminal Cases

FOR the purpose of altering the requirement of the
Department of Health and Mental Hygiene for forwarding
reports as to insanity from 30 days to 7 days;
repealing amending certain provisions of laws relating
to the confinement of criminal defendants that remain
in custody after referral by a court for a criminal
competency examination; repealing those provisions that
provide for the transportation of these persons to an
evaluation facility and their return from the facility
after the evaluation is completed.

BY repealing and reenacting, with amendments,

Article 59 - Mental Hygiene
Section 26

Annotated Code of Maryland
(1979 Replacement Volume)

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be repealed, amended, or enacted to read as follows: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
26.

(a)  Where a defendant interposed a plea in writing
pursuant to § 25 of this article, the Department shall
forward a report of its opinions relating to insanity at the
time of commission of the alleged offense and to competency
to stand trial to the court having jurisdiction over the
defendant within 60 days after referral.

(b)  Where no plea alleging insanity at the time of the
commission of the alleged offense has been interposed by the
defendant, the Department shall forward its report of
opinion as to competency to stand trial within [30] 7 days
after referral, if the allegation of incompetency was made
by or on behalf of the defendant, or within [30] 7 days
after referral, if the allegation of incompetency was made
by the court upon its own motion.