HARRY HUGHES, Governor

657

(C) VERDICT NOT ALLOWED.

A COURT MAY NOT DIRECT OR ACCEPT A VERDICT THAT THE
DEFENDANT WAS INSANE UNLESS THE DEFENDANT OR DEFENSE COUNSEL
HAS FILED A WRITTEN PLEA ALLEGING, IN SUBSTANCE, THAT THE
DEFENDANT WAS INSANE WHEN THE ALLEGED CRIME WAS COMMITTED.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first, third,
and fourth sentences of former Article 59, §
25(b).

In subsection (a) of this section, reference to
pleading insanity "at the time of initial
pleading" is substituted for "at the time of
pleading to the warrant, indictment or
information", for brevity.

In subsection (b) of this section, reference to
the "trier of fact" is substituted for reference
to "the jury", to encompass nonjury trials.

As to examination of the defendant when there is
a plea of insanity, see § 12-109 of this title.

Defined terms: "Court" § 12-101
"Insane" § 12-101

12-109. EXAMINATION AS TO SANITY AND COMPETENCE.

(A)  EXAMINATION AUTHORIZED.

IF A PLEA OF INSANITY HAS BEEN FILED, THE COURT MAY
ORDER THE DEPARTMENT TO EXAMINE THE DEFENDANT TO DETERMINE
WHETHER THE DEFENDANT WAS INSANE AND WHETHER THE DEFENDANT
IS INCOMPETENT TO STAND TRIAL.

(B)  CONFINEMENT BEFORE AND DURING EXAMINATION.

(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