HARRY HUGHES, Governor

653

MENTAL RETARDATION OR A MENTAL DISORDER, IS A DANGER TO THE
DEFENDANT OR THE PERSON OR PROPERTY OF ANOTHER, THE COURT
MAY ORDER THE DEFENDANT SENT TO THE FACILITY THAT THE
DEPARTMENT DESIGNATES UNTIL THE COURT IS SATISFIED THAT THE
DEFENDANT NO LONGER IS INCOMPETENT TO STAND TRIAL OR NO
LONGER IS, BECAUSE OF MENTAL RETARDATION OR A MENTAL
DISORDER, A DANGER TO THE DEFENDANT OR THE PERSON OR
PROPERTY OF ANOTHER.

(2) IF A COURT COMMITS THE DEFENDANT BECAUSE OF
MENTAL RETARDATION, THE DEPARTMENT SHALL REQUIRE THE MENTAL
RETARDATION ADMINISTRATION TO PROVIDE THE CARE OR TREATMENT
THAT THE DEFENDANT NEEDS.

(C)  RECONSIDERATION OF COMPETENCY AND COMMITMENT.

(1)  ON SUGGESTION OF THE DEFENDANT OR ON ITS OWN
MOTION AND SUBJECT TO THE LIMITATIONS ON FREQUENCY IN §
7-705 OR § 10-805 OF THIS ARTICLE, AS THE CASE MAY BE, THE
COURT MAY RECONSIDER WHETHER THE DEFENDANT IS INCOMPETENT TO
STAND TRIAL.

(2)  IF THE COURT ORDERS COMMITMENT UNDER
SUBSECTION (B) OF THIS SECTION, THE DEFENDANT MAY APPLY FOR
RELEASE UNDER § 7-705 OR § 10-805 OF THIS ARTICLE. IN
COMPUTING THE AVAILABILITY OF REVIEW UNDER THOSE SECTIONS,
AS THE CASE MAY BE, THE DATE OF THE COMMITMENT ORDER SHALL
BE TREATED AS A HEARING.

(D)  DETERMINATION OF OTHER LEGAL QUESTIONS.

IF THE DEFENDANT IS FOUND INCOMPETENT TO STAND TRIAL,
DEFENSE COUNSEL MAY MAKE ANY LEGAL OBJECTION TO THE
PROSECUTION THAT MAY BE DETERMINED FAIRLY BEFORE TRIAL AND
WITHOUT THE PERSONAL PARTICIPATION OF THE DEFENDANT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
through the seventh sentences of former Article
59, § 24(a).

In subsections (a) and (b)(1) of this section,
the references to a finding "that the defendant
is incompetent to stand trial" are added for
clarity. As to disposition on a finding that the
defendant is competent, see § 12-102 of this
title.

As to subsections (a) and (b)(1) of this section
and the addition of the references to "mental
retardation", see revisor's note to § 12-101(f)
of this title.

In subsections (a) and (b) of this section, the
reference "after a hearing" is added to clarify