HARRY HUGHES, Governor

3737

(3) The court order shall contain a concise
statement of the findings of the court and reasons for those
findings.]

(1)  IF A REPORT IS MADE TO THE COURT ALLEGING
THAT AN INDIVIDUAL HAS VIOLATED A RELEASE CONDITION, THE
CLERK OF THE COURT SHALL:

(I)  OBTAIN A COPY OF THE CONDITIONAL
RELEASE ORDER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF
THE PERSON REPORTING THE VIOLATION; AND

(II)  FORWARD THIS INFORMATION TO THE
STATE'S ATTORNEY WHO PROSECUTED THE INDIVIDUAL IN THE MATTER
RESULTING IN THE CONDITIONAL RELEASE.

(2)  THE STATE'S ATTORNEY RECEIVING THE
INFORMATION UNDER THIS SECTION SHALL:

(I)  DETERMINE IF A FACTUAL BASIS EXISTS TO
BELIEVE THAT THE CONDITIONAL RELEASE HAS BEEN VIOLATED; AND

(II)  NOTIFY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE OF THE ALLEGED VIOLATION.

(3)  IF THE STATE'S ATTORNEY DETERMINES THAT A
FACTUAL BASIS EXISTS AND FURTHER ACTION BY THE COURT IS
NECESSARY, THE STATE'S ATTORNEY SHALL:

(I)  FILE A PETITION WITH THE COURT THAT
ORDERED THE CONDITIONAL RELEASE; AND

(II)  PROVIDE THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE WITH A COPY OF THE PETITION FILED WITH THE
COURT.

(4)  IF THE STATE'S ATTORNEY DETERMINES THAT A
FACTUAL BASIS DOES NOT EXIST AND FURTHER ACTION BY THE COURT
IS NOT NECESSARY, THE STATE'S ATTORNEY SHALL:

(I)  NOTIFY THE PERSON WHO REPORTED THE
ALLEGED VIOLATION OF THE DETERMINATION; AND

(II)  TAKE NO FURTHER ACTION.

(B) THE PETITION FOR REVOCATION OR MODIFICATION OF A
CONDITIONAL RELEASE SHALL BE IN WRITING AND FILED WITH THE
COURT THAT ORDERED THE CONDITIONAL RELEASE AND SHALL
CONTAIN:

(1) A STATEMENT THAT THE INDIVIDUAL HAS A MENTAL
DISORDER OR IS MENTALLY RETARDED AND BY REASON OF THAT
MENTAL DISORDER OR MENTAL RETARDATION WOULD BE A DANGER TO
THE INDIVIDUAL OR THE PERSON OR PROPERTY OF OTHERS IF NOT
CONFINED IN A FACILITY FOR INPATIENT CARE OR TREATMENT IF