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LAWS OF MARYLAND

Ch. 21

(II) THE COURT CANNOT FIND, ON CLEAR AND
CONVINCING EVIDENCE, THAT, 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 NOT
CONFINED.

(2)  UNLESS EXTENDED UNDER § 12-115 OF THIS
TITLE, THE COURT MAY NOT CONTINUE THE CONDITIONS OF A
RELEASE UNDER THIS SUBSECTION FOR MORE THAN 5 YEARS.

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

(D)  UNCONDITIONAL RELEASE.

THE COURT SHALL ORDER UNCONDITIONAL RELEASE OF THE
INDIVIDUAL IF THE COURT DOES NOT ORDER COMMITMENT OR
CONDITIONAL RELEASE UNDER THIS SECTION.

(E)  APPEALS.

(1)  AN APPEAL FROM A DISTRICT COURT ORDER SHALL
BE ON THE RECORD IN CIRCUIT COURT.

(2)  AN APPEAL FROM A CIRCUIT COURT ORDER SHALL
BE BY APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF
SPECIAL APPEALS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 27B(d), (e), (f), (h), (i), (i-l), and (j).

As to subsection (c)(1) of this section and the
addition of the references to "mentally retarded"
and "mental retardation", see revisor's note to §
12-101(f) of this title.

Defined terms: "Court" § 12-101

"Department" § 1-101 "Mental disorder" § 12-101

12-114. APPLICATION FOR RELEASE.

(A)   INITIAL APPLICATION.

SIX MONTHS AFTER A COURT COMMITS AN INDIVIDUAL UNDER §
12-113(B) OF THIS TITLE, THE INDIVIDUAL MAY APPLY FOR
RELEASE AS PROVIDED IN SUBSECTION (B) OR (C) OF THIS
SECTION. THE INDIVIDUAL MAY NOT APPLY UNDER BOTH

SUBSECTIONS.

(B)  ADMINISTRATIVE PROCEEDING.

(1) TO APPLY FOR RELEASE UNDER THIS SUBSECTION,