654

LAWS OF MARYLAND

Ch. 21

that a hearing is required under § 12-102 of this
title. However, in subsection (a) of this
section, the former reference "after receipt of
the report" is deleted as inaccurate since
examination under § 12-103 of this title is
authorized but not required.

In subsections (b)(1) and (d) of this section,
the former references "in its discretion" and "if
he elects to do so" are deleted as unnecessary in
light of the word "may".

In subsection (c) of this section, the references
to "§ 7-705 ... of this article" are added to
reflect that, if the finding of incompetence is
based on mental retardation, then the limitations
in § 10-805 of this article, formerly Article 59,
§ 15(g), would not be applicable. Those
provisions require determination as to the
existence of a mental disorder.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (c) of this section may prevent
submission of the issue whether the defendant
both is mentally retarded and has a mental
disorder.

Defined terms: "Court" § 12-101

"Department" § 1-101 "Mental disorder" § 12-101

"Incompetent to stand trial" § 12-101

12-105. SAME -- DISMISSAL OF CHARGES.

WHETHER OR NOT THE DEFENDANT IS CONFINED, IF THE COURT
CONSIDERS THAT RESUMING THE CRIMINAL PROCEEDING WOULD BE
UNJUST BECAUSE SO MUCH TIME HAS PASSED SINCE THE DEFENDANT
WAS FOUND INCOMPETENT TO STAND TRIAL, THE COURT MAY DISMISS
THE CHARGE. HOWEVER, THE COURT MAY NOT DISMISS A CHARGE:

(1)  UNTIL 10 YEARS AFTER THE DEFENDANT WAS FOUND
INCOMPETENT TO STAND TRIAL IN ANY CAPITAL CASE; OR

(2)  UNTIL 5 YEARS AFTER THE. DEFENDANT WAS FOUND
INCOMPETENT TO STAND TRIAL IN ANY OTHER CASE WHERE THE
PENALTY MAY BE IMPRISONMENT IN THE STATE PENITENTIARY.

REVISOR'S NOTE: This section formerly appeared as the
first sentence of Article 59, § 24(b).

The only changes are in style.

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