3740

LAWS OF MARYLAND

Ch. 700

(I)  COMMIT THE INDIVIDUAL TO THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE; OR

(II)  MODIFY THE CONDITIONAL RELEASE AS
REQUIRED BY THE EVIDENCE.

(6)  IF THE COURT DETERMINES THAT THE INDIVIDUAL
HAS NOT VIOLATED THE CONDITIONAL RELEASE OR THAT FURTHER
ACTION OF THE COURT IS NOT NECESSARY, THE COURT SHALL:

(I)  CONTINUE THE PERSON ON CONDITIONAL
RELEASE; OR

(II)  IF THE PERSON IS CONFINED, DIRECT
THAT THE PERSON BE RELEASED; OR

(III)  OTHERWISE MODIFY THE TERMS OF THE
CONDITIONAL RELEASE, AS JUSTICE MAY REQUIRE.

(7)  THE COURT SHALL STATE THE GROUNDS FOR A
DECISION UNDER THIS SECTION ON THE RECORD.

[(b)] (F) (1) Six months after a court orders the
conditional release of an individual under § 12-113(c) of
this title, the individual may apply for a change of the
conditions.

(2)  At any time, the State's Attorney or the
department may apply for a change of the conditions.

(3)  The applicant shall notify the court and
other parties, in writing, of the application and the
reasons for change.

(4)  After the court considers the application
and evidence, the court may:

(i) Change the conditions;

(ii) Impose Appropriate additional
conditions;

(iii) Revoke the conditional release; or

(iv) Continue the conditions.

(5) (i) After review under this subsection, an
individual may reapply for a change of the conditions only
once in any 1-year period, unless the individual files, with
the petition, an affidavit that shows an improvement in the
mental condition of the individual after review.

(ii) An affidavit that another patient
executes is not valid.