668

LAWS OF MARYLAND

Ch. 21

CONDITIONAL RELEASE IS RENDERED, THE COURT SHALL RELEASE THE
INDIVIDUAL ON APPROPRIATE CONDITIONS.

(D) LATER REVIEW.

(1)  AFTER REVIEW UNDER THIS SECTION, AN
INDIVIDUAL MAY REAPPLY FOR RELEASE ONLY ONCE IN ANY 1-YEAR
PERIOD, UNLESS THE INDIVIDUAL FILES, WITH THE PETITION OR
REQUEST, AM AFFIDAVIT THAT SHOWS AN IMPROVEMENT IN. THE
MENTAL CONDITION OF THE INDIVIDUAL AFTER THE REVIEW.

(2)  AN AFFIDAVIT THAT ANOTHER PATIENT EXECUTES
IS NOT VALID.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 27C(a), as that subsection related to
release from confinement, (c), (d), and (e).

As to subsections (b)(1) and (c)(4)(i) of this
section and the addition of the references
"mentally retarded" and "mental retardation", see
revisor's note to § 12-101(f) of this title.

In subsection (b)(1) of this section, the issues
to be determined are substituted for the
cross-reference "in accordance with the issues
set out in § 27(c)", for clarity.

Similarly, in subsection (c) of this section, the
applicable provisions of former Article 59, § 15
are repeated and combined with those provisions
of former Article 59, § 27C(e), as to judicial
release. Therefore, the former cross-reference
to "the provisions of § 15 of this article
subject to the procedures set forth in subsection
(e) of this section" is deleted as unnecessary.

In subsection (c)(4) of this section, reference
to the "trier of fact" is substituted for
references to "the jury", since, absent a jury,
these duties apply to the court.

In subsection (c)(4)(ii)l. of this section,
reference to "continued confinement" is
substituted for "retain as an in-patient" for
conformity to similar references. However, this
substitution is not intended to affect the degree
of confinement, which varies with the progress of
the individual.

In subsection (d) of this section, the applicable
provisions of former Article 59, § 15(g) are
repeated. Therefore, the former reference to "an
affidavit similar to the one described in §