HARRY HUGHES, Governor

651

(D) REPORT ON EXAMINATION.

(1)  IF A COURT ORDERS AN EXAMINATION UNDER THIS
SECTION, THE DEPARTMENT SHALL:

(I)  EXAMINE THE DEFENDANT; AND

(II)  SEND A COMPLETE REPORT OF ITS
FINDINGS:

1.  TO THE COURT;

2.  TO THE STATE'S ATTORNEY; AND

3.  TO THE DEFENSE COUNSEL.

(2)  UNLESS THERE IS ALSO A PLEA THAT THE
DEFENDANT WAS INSANE, THE DEFENDANT IS ENTITLED TO HAVE THE
REPORT WITHIN 7 DAYS AFTER THE COURT ORDERS THE EXAMINATION.
HOWEVER, FAILURE OF THE DEPARTMENT TO SEND THE COMPLETE
REPORT WITHIN THAT TIME IS NOT, OF ITSELF, GROUNDS FOR
DISMISSAL OF THE CHARGES. ON GOOD CAUSE SHOWN, THE COURT
MAY EXTEND THE TIME FOR EXAMINATION.

(3)  IF THE DEPARTMENT REPORTS THAT, IN ITS
OPINION, THE DEFENDANT IS INCOMPETENT TO STAND TRIAL, THE
REPORT SHALL STATE, IN A COMPLETE SUPPLEMENTARY OPINION,
WHETHER, BECAUSE OF MENTAL RETARDATION OR A MENTAL DISORDER,
THE DEFENDANT WOULD BE A DANGER TO THE DEFENDANT OR THE
PERSON OR PROPERTY OF ANOTHER, IF RELEASED.

REVISOR'S NOTE: This section is new language derived
without substantive change from the third through
the seventh sentences of former Article 59, § 23
and the first sentence of § 24(a) and from former
Article 59, § 26(b) and, as they related to
incompetency, (c) through (e).

In subsection (a)(1) of this section, reference
to a determination "whether the defendant is
incompetent to stand trial" is added for clarity.

Also in subsection (a)(1) of this section, the
former reference to being heard "on his own
behalf or through counsel" is deleted as
unnecessary.

Throughout subsection (c) of this section, the
word "examination" is substituted for references
to "evaluation", for conformity.

In subsection (c)(1) of this section, the defined
term "jail" is substituted for the phrase "jail,
detention center or correctional facility".