3738

LAWS OF MARYLAND

Ch. 700

THE CONDITIONS OF THAT INDIVIDUAL'S RELEASE ARE NOT
MODIFIED;

(2)  A STATEMENT OF THE CONDITIONS ALLEGEDLY
VIOLATED;

(3)  THE FACTUAL BASIS FOR STATEMENTS UNDER ITEMS
(1) AND (2) OF THIS SUBSECTION;

(4)  THE MOST RECENT REPORT OF THE MENTAL
CONDITION OF THE INDIVIDUAL; AND

(5)  THE NAME OF THE FACILITY DESIGNATED BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE THAT EXAMINED AND
EVALUATED THE INDIVIDUAL.

(C) (1) THE COURT SHALL REVIEW THE PETITION FOR
REVOCATION OR MODIFICATION OF A CONDITIONAL RELEASE TO
DETERMINE WHETHER THERE IS PROBABLE CAUSE TO BELIEVE THAT:

(I)  THERE IS VIOLATION OF CONDITIONAL
RELEASE; AND

(II)  BY REASON OF A MENTAL DISORDER OR
MENTAL RETARDATION THE INDIVIDUAL MAY BE A DANGER TO THE
INDIVIDUAL OR THE PERSON OR PROPERTY OF OTHERS IF NOT
CONFINED IN AN INSTITUTION FOR INPATIENT CARE OR TREATMENT
IF THE CONDITIONS OF THE RELEASE ARE NOT MODIFIED.

(2)  IF THE COURT FINDS PROBABLE CAUSE, THE COURT
SHALL ISSUE A BODY ATTACHMENT FOR THE PERSON AND DIRECT THAT
UPON ATTACHMENT THE PERSON SHALL BE TRANSPORTED TO THE
FACILITY DESIGNATED BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE FOR EVALUATION AND EXAMINATION.

(3)  A COPY OF THE BODY ATTACHMENT AND THE
PETITION SHALL BE FORWARDED TO:

(I)  THE STATE'S ATTORNEY WHO PROSECUTED
THE INDIVIDUAL OF THE JURISDICTION WHERE THE INDIVIDUAL WAS
PROSECUTED;

(II)  THE PUBLIC DEFENDER;

(III)  IF THE INDIVIDUAL HAD A PRIVATE
ATTORNEY, THE LAST COUNSEL OF RECORD OF THE INDIVIDUAL, FOR
INFORMATIONAL PURPOSES ONLY;

(IV)  THE PERSON WHO REPORTED THE
VIOLATION; AND

(V)  THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE.