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ROBERT L. EHRLICH, JR., Governor
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Ch. 353
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(c) (1) [On suggestion of the defendant or on its initiative and subject to the
limitations on frequency in § 7-507 or § 10-805 of the Health - General Article, as the
case may be, the court may reconsider whether the defendant is incompetent to stand
trial.] TO DETERMINE WHETHER THE DEFENDANT CONTINUES TO MEET THE
CRITERIA FOR COMMITMENT SET FORTH IN SUBSECTION (B) OF THIS SECTION, THE
COURT SHALL HOLD A HEARING:
(I) EVERY YEAR FROM THE DATE OF COMMITMENT;
(II) WITHIN 30 DAYS AFTER THE FILING OF A MOTION BY THE
STATE'S ATTORNEY OR COUNSEL FOR THE DEFENDANT SETTING FORTH NEW FACTS
OR CIRCUMSTANCES RELEVANT TO THE DETERMINATION; AND
(III) WITHIN 30 DAYS AFTER RECEIVING A REPORT FROM THE
HEALTH DEPARTMENT STATING OPINIONS, FACTS, OR CIRCUMSTANCES THAT HAVE
NOT BEEN PREVIOUSLY PRESENTED TO THE COURT AND ARE RELEVANT TO THE
DETERMINATION.
(2) [If the court orders commitment under subsection (b) of this section,
the defendant may apply for release under § 7-507 or § 10-805 of the Health -
General Article. In computing the availability of review under those sections, as the
case may be, the date of the commitment order shall be treated as a hearing.] AT ANY
TIME, AND ON ITS OWN INITIATIVE, THE COURT MAY HOLD A CONFERENCE OR A
HEARING ON THE RECORD WITH THE STATE'S ATTORNEY AND THE COUNSEL OF
RECORD FOR THE DEFENDANT TO REVIEW THE STATUS OF THE CASE.
(D) AT A COMPETENCY HEARING UNDER SUBSECTION (C) OF THIS SECTION, IF
THE COURT FINDS THAT THE DEFENDANT IS INCOMPETENT AND IS NOT LIKELY TO
BECOME COMPETENT IN THE FORESEEABLE FUTURE, THE COURT SHALL:
(1) CIVILLY COMMIT THE DEFENDANT AS AN INPATIENT IN A MEDICAL
FACILITY THAT THE HEALTH DEPARTMENT DESIGNATES PROVIDED THE COURT
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT:
(I) THE DEFENDANT HAS A MENTAL DISORDER;
(II) INPATIENT CARE IS NECESSARY FOR THE DEFENDANT;
(III) THE DEFENDANT PRESENTS A DANGER TO THE LIFE OR
SAFETY OF SELF OR OTHERS;
(IV) THE DEFENDANT IS UNABLE OR UNWILLING TO BE
VOLUNTARILY COMMITTED TO A MEDICAL FACILITY; AND
(V) THERE IS NO LESS RESTRICTIVE FORM OF INTERVENTION
THAT IS CONSISTENT WITH THE WELFARE AND SAFETY OF THE DEFENDANT; OR
(2) ORDER THE CONFINEMENT OF THE DEFENDANT FOR 21 DAYS AS A
RESIDENT IN A DEVELOPMENTAL DISABILITIES ADMINISTRATION FACILITY FOR THE
INITIATION OF ADMISSION PROCEEDINGS UNDER § 7-503 OF THE HEALTH - GENERAL
ARTICLE PROVIDED THE COURT FINDS THAT THE DEFENDANT, BECAUSE OF MENTAL
RETARDATION, IS A DANGER TO SELF OR OTHERS.
- 1859 -
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