HARRY HUGHES, Governor

667

THE INDIVIDUAL SHALL NOTIFY THE COURT AND STATE'S ATTORNEY,
IN WRITING, OF A REQUEST FOR AN EXAMINATION AND EVALUATION
TO DETERMINE WHETHER 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 RELEASED FROM CONFINEMENT
WITH OR WITHOUT CONDITION.

(2)  ON RECEIPT OF THE NOTICE, THE COURT SHALL
NOTIFY THE DEPARTMENT TO DO THE EXAMINATION AND EVALUATION
WITHIN 20 DAYS AFTER THE NOTICE DATE.

(3) 'AFTER THE EVALUATION IS DONE, THE INDIVIDUAL
HAS THE RIGHTS SET FORTH IN §§ 12-111 THROUGH 12-113 OF THIS
TITLE.

(C) JUDICIAL REVIEW.

(1)  TO APPLY FOR RELEASE UNDER THIS SUBSECTION,
THE INDIVIDUAL SHALL FILE A PETITION FOR RELEASE IN AN
EQUITY COURT IN THE COUNTY WHERE THE INDIVIDUAL WAS FOUND
NOT GUILTY BY REASON OF INSANITY.

(2)  A COPY OF THE PETITION SHALL BE SENT TO THE
STATE'S ATTORNEY.

(3)  IF THE INDIVIDUAL REQUESTS TRIAL BY JURY,
THE TRIAL SHALL BE HELD WITH A JURY AS IN A CIVIL ACTION AT
LAW.

(4)  THE TRIER OF FACT SHALL:

(I)  CONSIDER WHETHER 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 FROM
CONFINEMENT; AND

(II)  RENDER A VERDICT FOR:

1.  CONTINUED CONFINEMENT;

2.  CONDITIONAL RELEASE; OR

3.  UNCONDITIONAL RELEASE.

(5) WITHIN 30 DAYS AFTER A VERDICT FOR