652

LAWS OF MARYLAND

Ch. 21

Also in subsection (c)(1) of this section, the
former references to a "hospital" wing and
facility are deleted as unnecessary in light of
the general references to a "medical" wing and
facility.

In subsection (d)(2) of this section, the former
references to whether the court or defendant
questions competency are deleted as unnecessary
since the time period is the same in either
instance.

As to subsection (d)(3) of this section and the
addition of the words "mental retardation", see
revisor's note to § 12-101(f) of this title.

In subsection (d)(3) of this section, the former
reference to "releasing the defendant for
out-patient care, bail or recognizance" is
deleted as unnecessary since the issue is the
danger presented by release, rather than
conditions that the court sets for release under
§ 12-104 of this title.

As to subsection (a) of this section, note that,
in practice, competency examinations are done, on
a Statewide basis, by local screening units under
grant from the Department, rather than by the
Department directly. On a more limited basis,
these local screening units also do examinations
in connection with pleas of insanity.

Defined terms: "Court" § 12-101

"Department" § 1-101 "Secretary" § 1-101

"Incompetent to stand trial" § 12-101

"Insane" § 12-101

"Jail" § 12-101

"Mental disorder" § 12-101

12-104. FINDING OF INCOMPETENCY -- IN GENERAL.

(A)  RELEASE.

EXCEPT IN A CAPITAL CASE, IF, AFTER A HEARING, THE
COURT FINDS THAT THE DEFENDANT IS INCOMPETENT TO STAND TRIAL
BUT IS NOT, BECAUSE OF MENTAL RETARDATION OR A MENTAL
DISORDER, A DANGER TO THE DEFENDANT OR THE PERSON OR
PROPERTY OF ANOTHER, THE COURT MAY SET BAIL FOR THE
DEFENDANT OR AUTHORIZE RELEASE OF THE DEFENDANT ON
RECOGNIZANCE.

(B)  COMMITMENT.

(1) IF, AFTER A HEARING, THE COURT FINDS THAT
THE DEFENDANT IS INCOMPETENT TO STAND TRIAL AND, BECAUSE OF