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Ch. 353 2006 LAWS OF MARYLAND
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3. the defense counsel.
(2) Unless there is a plea that the defendant was not criminally
responsible under § 3-109 of this title, the defendant is entitled to have the report
within 7 days after the court orders the examination. However, failure of the Health
Department to send the complete report within that time is not, of itself, grounds for
dismissal of the charges. On good cause shown, the court may extend the time for
examination.
(3) If the Health Department reports that, in its opinion, the defendant
is incompetent to stand trial, the report shall state, in a complete supplementary
opinion, whether, because of mental retardation or mental disorder, the defendant
would be a danger to self or the person or property of another, if released.
(4) A STATEMENT MADE BY THE DEFENDANT IN THE COURSE OF AN
EXAMINATION UNDER THIS SECTION IS NOT ADMISSIBLE IN A CRIMINAL
PROCEEDING FOR THE PURPOSE OF PROVING THE COMMISSION OF A CRIMINAL
OFFENSE OR TO ENHANCE THE SENTENCE OF THE DEFENDANT.
(5) EXCEPT FOR THE PURPOSE OF IMPEACHING THE TESTIMONY OF THE
DEFENDANT, A REPORT PREPARED AS THE RESULT OF AN EXAMINATION UNDER
THIS SECTION IS NOT ADMISSIBLE IN A CRIMINAL PROCEEDING FOR THE PURPOSE
OF PROVING THE COMMISSION OF A CRIMINAL OFFENSE OR TO ENHANCE THE
SENTENCE OF THE DEFENDANT.
3-106.
(a) Except in a capital case, if, after a hearing, the court finds that the
defendant is incompetent to stand trial but is not dangerous, as a result of a mental
disorder or mental retardation, to self or the person or property of others, the court
may set bail for the defendant or authorize release of the defendant on recognizance.
(b) (1) If, after a hearing, the court finds that the defendant is incompetent
to stand trial and, because of mental retardation or a mental disorder, is a danger to
self or the person or property of another, the court may order the defendant
committed to the facility that the Health Department designates until the court [is
satisfied that] FINDS THAT:
(I) the defendant no longer is incompetent to stand [trial or]
TRIAL;
(II) THE DEFENDANT no longer is, because of mental retardation or
a mental disorder, a danger to self or the person or property of others; OR
(III) THERE IS NOT A SUBSTANTIAL LIKELIHOOD THAT THE
DEFENDANT WILL BECOME COMPETENT TO STAND TRIAL IN THE FORESEEABLE
FUTURE.
(2) If a court commits the defendant because of mental retardation, the
Health Department shall require the Developmental Disabilities Administration to
provide the care or treatment that the defendant needs.
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