HARRY HUGHES, Governor

665

without substantive change from former Article
59, § 27B(b) and (c).

In subsection (b) of this section, reference to
"timely" exceptions is added for clarity and
conformity to other references.

Defined term: "Court" § 12-101

12-113. COURT ORDER AFTER HEARING OR WAIVER.

(A)  TIME LIMITATION.

WITHIN 15 DAYS AFTER A HEARING IS WAIVED OR THE HEARING
ENDS, THE COURT SHALL ENTER AN APPROPRIATE ORDER AS PROVIDED
IN THIS SECTION.

(B)  COMMITTAL.

(1)  THE COURT SHALL ORDER COMMITMENT TO THE
DEPARTMENT FOR INSTITUTIONAL, INPATIENT CARE OR TREATMENT IF
THE COURT FINDS, ON CLEAR AND CONVINCING EVIDENCE, THAT THE
INDIVIDUAL:

(I)  IS MENTALLY RETARDED OR HAS A MENTAL
DISORDER; AND

(II)  BECAUSE OF MENTAL RETARDATION OR A
MENTAL DISORDER, WOULD BE A DANGER TO THE INDIVIDUAL OR THE
PERSON OR PROPERTY OF ANOTHER, IF NOT CONFINED.

(2)  THE COURT ORDER SHALL CONTAIN A CONCISE
STATEMENT OF THE FINDINGS OF THE COURT AND REASONS FOR THOSE
FINDINGS.

(3)  IF THE COURT COMMITS THE INDIVIDUAL
PRIMARILY BECAUSE OF MENTAL RETARDATION, THE DEPARTMENT
SHALL DESIGNATE FOR CARE AND TREATMENT A FACILITY FOR
MENTALLY RETARDED INDIVIDUALS.

(C)  CONDITIONAL RELEASE.

(1) THE COURT SHALL ORDER CONDITIONAL RELEASE
IF:

(I) THE COURT FINDS, ON CLEAR AND
CONVINCING EVIDENCE, THAT THE INDIVIDUAL:

1.  IS MENTALLY RETARDED OR HAS A
MENTAL DISORDER; AND

2.  BECAUSE OF MENTAL RETARDATION OR
A MENTAL DISORDER, WOULD BE A DANGER TO THE INDIVIDUAL OR
THE PERSON OR PROPERTY OF ANOTHER, IF RELEASED WITHOUT
CONDITIONS THAT THE COURT IMPOSES; BUT