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Ch. 353 2006 LAWS OF MARYLAND
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(E) THE PROVISIONS UNDER TITLE 10 OF THE HEALTH - GENERAL ARTICLE
SHALL APPLY TO THE CONTINUED' RETENTION OF A DEFENDANT CIVILLY
COMMITTED UNDER SUBSECTION (D) OF THIS SECTION.
(F) (1) FOR A DEFENDANT WHO HAS BEEN FOUND INCOMPETENT TO STAND
TRIAL BUT NOT DANGEROUS, AS A RESULT OF A MENTAL DISORDER OR MENTAL
RETARDATION, TO SELF OR THE PERSON OR PROPERTY OF OTHERS, AND RELEASED
ON BAIL OR ON RECOGNIZANCE, THE COURT:
(I) SHALL HOLD A HEARING ANNUALLY FROM THE DATE OF
RELEASE;
(II) MAY HOLD A HEARING, AT ANY TIME, ON ITS OWN INITIATIVE;
OR
(III) SHALL HOLD A HEARING, AT ANY TIME, UPON MOTION OF THE
STATE'S ATTORNEY OR THE COUNSEL FOR THE DEFENDANT.
(2) AT A HEARING UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COURT SHALL RECONSIDER WHETHER THE DEFENDANT REMAINS INCOMPETENT TO
STAND TRIAL OR A DANGER TO SELF OR THE PERSON OR PROPERTY OF ANOTHER
BECAUSE OF MENTAL RETARDATION OR A MENTAL DISORDER
(3) AT A HEARING UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COURT MAY MODIFY OR IMPOSE ADDITIONAL CONDITIONS OF RELEASE ON THE
DEFENDANT.
(4) IF THE COURT FINDS, AT A HEARING UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THAT THE DEFENDANT IS INCOMPETENT AND IS NOT LIKELY TO
BECOME COMPETENT IN THE FORESEEABLE FUTURE AND IS A DANGER TO SELF OR
THE PERSON OR PROPERTY OF ANOTHER BECAUSE OF MENTAL RETARDATION OR A
MENTAL DISORDER, THE COURT SHALL REVOKE THE PRETRIAL RELEASE OF THE
DEFENDANT AND:
(I) CIVILLY COMMIT THE DEFENDANT IN ACCORDANCE WITH
PARAGRAPH (1) OF SUBSECTION (D) OF THIS SECTION; OR
(II) ORDER CONFINEMENT OF THE DEFENDANT IN ACCORDANCE
WITH SUBSECTION (D)(2) OF THIS SECTION.
[(d)] (G) If the defendant is found incompetent to stand trial, defense counsel
may make any legal objection to the prosecution that may be determined fairly before
trial and without the personal participation of the defendant.
[(e)] (H) The court shall notify the Criminal Justice Information System
Central Repository of any commitment ordered or release authorized under this
section and of any determination that a defendant is no longer incompetent to stand
trial.
3-107.
(a) WHETHER OR NOT THE DEFENDANT IS CONFINED AND UNLESS THE
STATE PETITIONS THE COURT FOR EXTRAORDINARY CAUSE TO EXTEND THE TIME,
- 1860 -
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