670

LAWS OF MARYLAND

Ch. 21

CONDITIONS;

(III)  REVOKE THE CONDITIONAL RELEASE; OR

(IV)  CONTINUE THE CONDITIONS.

(5) (I) AFTER REVIEW UNDER THIS SUBSECTION, AN
INDIVIDUAL MAY REAPPLY FOR A CHANGE OF THE CONDITIONS ONLY
ONCE IN ANY 1-YEAR PERIOD, UNLESS THE INDIVIDUAL FILES, WITH
THE PETITION, AN AFFIDAVIT THAT SHOWS AN IMPROVEMENT IN THE
MENTAL CONDITION OF THE INDIVIDUAL AFTER REVIEW.

(II) 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, § 27B(e), (g), and (i) and § 27C(a), as that
subsection related to conditional releases, and
(b).

Subsection (a)(2) and (3) of this section is
revised to the specific findings required under
former Article 59, § 27B(e) and the requirements
of former Article 59, § 27B(i), which applied to
those findings, for clarity.

As to subsection (a)(2) of this section and the
addition of the words "mental retardation", see
revisor's note to § 12-101(f) of this title.

In subsection (b)(2) of this section, the phrase
"{a}t any time" is added to clarify that
applications by the State's attorney and
Department are not subject to the time
constraints imposed on the individual under
subsection (b)(1) and (5) of this section.

In subsection (b)(5) 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 § 15(g)" is deleted.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that the power to revoke a conditional release
under subsection (b)(4)(iii) of this section may
have been included inadvertently. In this
regard, the Commission notes that application for
revocation is not authorized expressly in this
section, although § 12-116(d) of this title
authorizes an application for revocation as
provided in subsection (b) of this section.
Also, the findings that a court is required to