3736

LAWS OF MARYLAND

Ch. 700

Mental Health Laws - Conditional Release - Violation -
Judicial Review

FOR the purpose of providing a procedure for judicial review
of a report of an alleged violation of a conditional
release order under the mental health laws; providing
that following a certain report, a State's Attorney
make certain determinations and file a petition
containing certain information with the court under
certain circumstances; providing that the court conduct
a hearing and act on certain petitions relating to
revocation or modification of conditional release
orders; generally relating to reports of alleged
violation of conditional release under the mental
health laws; and clarifying language.

BY repealing and reenacting, with amendments,

Article - Health - General
Section 12-115 and 12-116(d)
Annotated Code of Maryland

(As enacted by Chapter ____ (H.B. 200) of the

Acts of the General Assembly of 1982)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland

(as enacted by Chapter ___ (H.B. 200) of the Acts of the

General Assembly of 1982) read(s) as follows:

Article - Health - General

12-115.

(a) [(1) If a report is made to the court alleging
that an individual has violated a release condition, the
court may order attachment of the individual and shall hold
a hearing.

(2) If, after the hearing, the court finds that
the violation occurred, the court may change the conditions
of release. However, the court may revoke the release order
and commit the individual to the department for
institutional, inpatient care or treatment only if the court
also finds, on clear and convincing evidence, that the
individual:

(i) Is mentally retarded or has a mental
disorder; and

(ii) Because of mental retardation or a
mental disorder, would be a danger to the individual or the
person or property of another, if not confined.