650                                      LAWS OF MARYLAND                                Ch. 21

Defined terms: "Court" § 12-101
"Incompetent to stand trial" § 12-101

12-103. EXAMINATION AS TO COMPETENCE.

(A)  EXAMINATION AUTHORIZED.

(1)  FOR GOOD CAUSE AND AFTER GIVING THE
DEFENDANT AN OPPORTUNITY TO BE HEARD, THE COURT MAY ORDER
THE DEPARTMENT TO EXAMINE THE DEFENDANT TO DETERMINE WHETHER
THE DEFENDANT IS INCOMPETENT TO STAND TRIAL.

(2)  THE COURT SHALL SET AND MAY CHANGE THE
CONDITIONS UNDER WHICH THE EXAMINATION IS TO BE MADE.

(B)  BAIL OR RECOGNIZANCE DURING EXAMINATION.

EXCEPT IN A CAPITAL CASE, ON CONSIDERATION OF THE
NATURE OF THE CHARGE, THE COURT:

(1)  MAY REQUIRE OR PERMIT THE EXAMINATION TO BE
DONE ON AN OUTPATIENT BASIS; AND

(2)  IF AN OUTPATIENT EXAMINATION IS AUTHORIZED,
SHALL SET BAIL FOR THE DEFENDANT OR AUTHORIZE RELEASE OF THE
DEFENDANT ON RECOGNIZANCE.

(C)  CONFINEMENT BEFORE AND DURING EXAMINATION; HABEAS
CORPUS.

(1)  IF A DEFENDANT IS TO BE HELD IN CUSTODY FOR
EXAMINATION UNDER THIS SECTION, THE DEFENDANT SHALL BE
CONFINED IN A JAIL, UNTIL THE DEPARTMENT CAN DO THE
EXAMINATION. IF THE COURT FINDS IT APPROPRIATE FOR THE
HEALTH OR SAFETY OF THE DEFENDANT, THE COURT MAY ORDER
CONFINEMENT:

(I)  IN A MEDICAL WING OR OTHER ISOLATED
AND SECURE UNIT OF THE JAIL; OR

(II)  IF A MEDICAL WING OR OTHER UNIT IS
NOT AVAILABLE, IN A MEDICAL FACILITY THAT THE SECRETARY
DESIGNATES AS APPROPRIATE.

(2) (I) WHEN THE DEPARTMENT CAN DO THE
EXAMINATION, A COURT AGENCY SHALL TAKE THE DEFENDANT TO THE
EVALUATION FACILITY THAT THE DEPARTMENT DESIGNATES.

(II) AFTER THE EXAMINATION, A COURT AGENCY
SHALL RETURN THE DEFENDANT TO THE PLACE OF CONFINEMENT.

(3)  A DEFENDANT WHO IS HELD FOR EXAMINATION
UNDER THIS SECTION MAY QUESTION AT ANY TIME THE LEGALITY OF
THE DETENTION BY PETITION FOR A WRIT OF HABEAS CORPUS.