662

LAWS OF MARYLAND

Ch. 21

(III) TO CROSS-EXAMINE ADVERSE WITNESSES.
(D) REPORT ON HEARING.

(1)  WITHIN 10 DAYS AFTER THE HEARING ENDS, THE
HEARING OFFICER SHALL PREPARE A REPORT THAT CONTAINS:

(I)  A SUMMARY OF THE EVIDENCE RECEIVED AT
THE HEARING;

(II)  THE RECOMMENDATION OF THE HEARING
OFFICER ON:

1.  WHETHER THE INDIVIDUAL IS
MENTALLY RETARDED OR HAS A MENTAL DISORDER;

2.  WHETHER, BECAUSE OF MENTAL
RETARDATION OR A MENTAL DISORDER, THE INDIVIDUAL WOULD BE A
DANGER TO THE INDIVIDUAL OR THE PERSON OR PROPERTY OF
ANOTHER, IF RELEASED FROM CONFINEMENT, WITH OR WITHOUT
CONDITION; AND

3.  IF RELEASE FROM INPATIENT
CONFINEMENT IS RECOMMENDED, ANY CONDITIONS OF RELEASE THAT
THE COURT SHOULD IMPOSE; AND

(III)  A STATEMENT THAT THE INDIVIDUAL AND
THE STATE'S ATTORNEY, WITHIN 10 DAYS AFTER RECEIVING THE
REPORT, SHALL FILE WITH THE COURT, IN WRITING, ANY
EXCEPTIONS TO THE REPORT.

(2)  THE HEARING OFFICER SHALL SEND THE REPORT:

(I)  TO THE INDIVIDUAL;

(II)  TO COUNSEL FOR THE INDIVIDUAL;

(III)  TO THE STATE'S ATTORNEY;

(IV)  TO THE COURT; AND

(V)  TO THE EVALUATION FACILITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, §§ 27(d), 27A, and 27B(a).

In subsection (b)(1) of this section, reference
to the hearing officer "of the Department" is
substituted for the reference to a hearing
officer "designated by the Secretary", to avoid
the unintended implication that hearing officers
are designated on a case-by-case basis. For
conformity, in subsection (a)(2)(iv) of this
section, the same reference is added.