HARRY HUGHES, Governor

669

15(g)" is deleted.

Defined terms: "County" § 1-101

"Court" § 12-101 "Mental disorder" § 12-101

"Department" § 1-101

12-115. REVOCATION AND OTHER CHANGES IN CONDITIONAL
RELEASE.

(A)  VIOLATIONS.

(1)  IF A REPORT IS MADE TO THE COURT ALLEGING
THAT AN INDIVIDUAL HAS VIOLATED A RELEASE CONDITION, THE
COURT MAY ORDER ATTACHMENT OF THE INDIVIDUAL AND SHALL HOLD
A HEARING.

(2)  IF, AFTER THE HEARING, THE COURT FINDS THAT
THE VIOLATION OCCURRED, THE COURT MAY CHANGE THE CONDITIONS
OF RELEASE. HOWEVER, THE COURT MAY REVOKE THE RELEASE ORDER
AND COMMIT THE INDIVIDUAL TO THE DEPARTMENT FOR
INSTITUTIONAL, INPATIENT CARE OR TREATMENT ONLY IF THE COURT
ALSO 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.

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

(B)  APPLICATIONS FOR CHANGE.

(1)  SIX MONTHS AFTER A COURT ORDERS THE
CONDITIONAL RELEASE OF AN INDIVIDUAL UNDER § 12-113(C) OF
THIS TITLE, THE INDIVIDUAL MAY APPLY FOR A CHANGE OF THE
CONDITIONS.

(2)  AT ANY TIME, THE STATE'S ATTORNEY OR THE
DEPARTMENT MAY APPLY FOR A CHANGE OF THE CONDITIONS.

(3)  THE APPLICANT SHALL NOTIFY THE COURT AND
OTHER PARTIES, IN WRITING, OF THE APPLICATION AND THE
REASONS FOR CHANGE.

(4)  AFTER THE COURT CONSIDERS THE APPLICATION
AND EVIDENCE, THE COURT MAY:

(I)  CHANGE THE CONDITIONS;

(II)  IMPOSE APPROPRIATE ADDITIONAL