HARRY HUGHES, Governor

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make before revocation under other provisions --
e.g., subsection (a)(2) of this section -- are
not stated in subsection (b)(4)(iii) of this
section.

The Commission also notes, for consideration,
that it is unclear whether subsection (b)(4)(i)
of this section includes the power to strike all
conditions and, thus, to authorize unconditional
release.

Defined terms: "Court" § 12-101

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

12-116. DEPARTMENT APPLICATION FOR CONDITIONAL RELEASE;
RECOMMITTAL.

(A)  APPLICATION REQUIRED; EXCEPTION.

(1)  IF THE DEPARTMENT CONSIDERS THAT AN
INDIVIDUAL WHO HAS BEEN COMMITTED UNDER THIS TITLE AND WHO
IS NOT SUBJECT OTHERWISE TO UNCONDITIONAL RELEASE COULD BE
RELEASED ON CONDITION WITHOUT DANGER TO THE INDIVIDUAL OR
THE PERSON OR PROPERTY OF ANOTHER, THE DEPARTMENT SHALL
APPLY FOR THE RELEASE AS PROVIDED IN THIS SECTION.

(2)  THE DEPARTMENT MAY NOT APPLY, DURING THE
FIRST 90 DAYS AFTER COMMITMENT, FOR RELEASE OF AN INDIVIDUAL
WHO WAS NOT GUILTY BECAUSE THE INDIVIDUAL WAS INSANE.

(B)  APPLICATION.

(1)  TO APPLY FOR RELEASE UNDER THIS SECTION, THE
DEPARTMENT SHALL SEND:

(I)  A REPORT TO THE COURT THAT ORDERED THE
COMMITMENT; AND _

(II)  A COPY OF ITS REPORT TO THE CLERK OF
COURT AND THE STATE'S ATTORNEY.

(2)  THE CLERK OF COURT SHALL SEND A COPY OF THE
REPORT TO THE LAST COUNSEL FOR THE INDIVIDUAL.

(C)  COURT ACTION.

THE COURT SHALL MAKE A DETERMINATION AS PROVIDED UNDER
§ 12-113(B) OR (C) OF THIS TITLE.

(D)  REVOCATION AND OTHER CHANGES IN ORDER.

IF THE COURT ORDERS CONDITIONAL RELEASE      OF AN

INDIVIDUAL UNDER THIS SECTION, THE INDIVIDUAL,     STATE'S

ATTORNEY, OR DEPARTMENT MAY APPLY FOR A CHANGE    OF THE

CONDITIONS OR REVOCATION OR EXTENSION OF THE    ORDER AS