HARRY HUGHES, Governor

659

Also in subsection (a) of this section, the
former, specific reference to the court with
Jurisdiction is deleted as unnecessary.

In subsection (b)(1) of this section, the defined
term "jail" is substituted for the phrase "jail,
detention center or correctional facility".

Also in subsection (b)(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.

Defined terms: "Court" § 12-101
"Department" § 1-101 "Jail" § 12-101
"Incompetent to "Secretary" § 1-101

stand trial" § 12-101
"Insane" § 12-101

12-110. FINDING OF INSANITY -- EXAMINATION AND EVALUATION
REQUIREMENTS.

(A) EXAMINATION AND EVALUATION REQUIRED.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
IF AN INDIVIDUAL IS FOUND NOT GUILTY OF A CRIME BY REASON OF
INSANITY, THE COURT IMMEDIATELY SHALL:

(1) COMMIT THE INDIVIDUAL TO THE DEPARTMENT FOR
AN EXAMINATION AND EVALUATION TO DETERMINE WHETHER THE
INDIVIDUAL:

DISORDER; AND

(I) IS MENTALLY RETARDED OR HAS A MENTAL

(II) BECAUSE OF MENTAL RETARDATION OR A
MENTAL DISORDER, WOULD BE A DANGER TO THE INDIVIDUAL OR THE
PERSON OR PROPERTY OF ANOTHER, IF RELEASED FROM CONFINEMENT,
WITH OR WITHOUT CONDITIONS; AND

(2) SPECIFY WHETHER THE EXAMINATION AND
EVALUATION ARE TO BE DONE ON AN INPATIENT OR OUTPATIENT
BASIS.

(B) EXCEPTIONS.

A COURT MAY ORDER THAT THE INDIVIDUAL NOT BE COMMITTED
TO THE DEPARTMENT AND NOT BE CONFINED IF:

(1)  THE COURT HAS AVAILABLE AN EVALUATION REPORT
THAT WAS MADE WITHIN THE PRECEDING 90 DAYS; AND

(2)  THE INDIVIDUAL AND STATE'S ATTORNEY AGREE TO
THE RELEASE AND TO ANY CONDITIONS FOR RELEASE THAT THE COURT