658

LAWS OF MARYLAND

Ch. 21

EVALUATION FACILITY THAT THE DEPARTMENT DESIGNATES.

(II) AFTER THE EXAMINATION, A COURT AGENCY
SHALL RETURN THE DEFENDANT TO THE PLACE OF CONFINEMENT.

(C) REPORT ON EXAMINATION.

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

(I)  EXAMINE THE DEFENDANT; AND

(II)  SEND A REPORT OF ITS OPINIONS:

1.  TO THE COURT;

2.   TO THE STATE'S ATTORNEY; AND

3.  TO THE DEFENSE COUNSEL.

(2)  THE DEFENDANT IS ENTITLED TO HAVE THE REPORT
WITHIN 60 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.

REVISOR'S NOTE: Subsections (a), (b), and (c)(l)(i) and
(ii)l. and (2) of this section are new language
derived without substantive change from the
second sentence of former Article 59, § 25(b) and
from former Article 59, § 26(a) and, as they
related to insanity, (c) through (e).

Subsection (c)(l)(ii)2. and 3. of this section
is new language added to provide for distribution
of the report made under this section in a manner
similar to that provided for distribution of
reports on competency and reports on examinations
after a finding of insanity. See §§
12-103(d)(l)(ii) and 12-lll(a)(2) of this title.
This addition reflects the usual distribution of
this report and avoids the need for a court order
requiring the distribution.

In subsection (a) of this section, reference to a
determination "whether the defendant was insane
and ... is incompetent to stand trial" is
substituted for the reference to "an examination
of the mental condition of such person", for
clarity. This substitution is derived from the
provision of former Article 59, § 26(a) that set
forth the contents of the Department report on
its examination.