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ROBERT L. EHRLICH, JR., Governor
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Ch. 353
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3-105.
(a) (1) For good cause and after giving the defendant an opportunity to be
heard, the court may order the Health Department to examine the defendant to
determine whether the defendant is incompetent to stand trial.
(2) The court shall set and may change the conditions under which the
examination is to be made.
(b) Except in a capital case, on consideration of the nature of the charge, the
court:
(1) may require or allow the examination to be done on an outpatient
basis; and
(2) if an outpatient examination is authorized, shall set bail for the
defendant or authorize release of the defendant on recognizance.
(c) (1) If a defendant is to be held in custody for examination under this
section, the defendant may be confined in a correctional facility until the Health
Department can conduct the examination. If the court finds it appropriate for the
health or safety of the defendant, the court may order confinement in a medical wing
or other isolated and secure unit of the correctional facility.
(2) (i) If the court finds that, because of the apparent severity of the
mental disorder or mental retardation, a defendant in custody would be endangered
by confinement in a correctional facility, the court may order that the Health
Department, in the Health Department's discretion:
1. confine the defendant, pending examination, in a medical
facility that the Health Department designates as appropriate; or
2. immediately conduct a competency examination of the
defendant by a community forensic screening program or other agency that the
Health Department finds appropriate.
(ii) Unless the Health Department retains the defendant, the
defendant shall be promptly returned to the court after the examination.
(3) A defendant who is held for examination under this section may
question at any time the legality of the detention by petition for a writ of habeas
corpus.
(d) (1) If a court orders an examination under this section, the Health
Department shall:
(i) examine the defendant; and
(ii) send a complete report of its findings to:
1. the court;
2. the State's Attorney; and
- 1857 -
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