|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR, Governor Ch. 353
THE COURT SHALL DISMISS THE CHARGE AGAINST A DEFENDANT FOUND
INCOMPETENT TO STAND TRIAL UNDER THIS SUBTITLE:
(1) WHEN CHARGED WITH A CAPITAL OFFENSE, AFTER THE EXPIRATION
OF 10 YEARS;
(2) WHEN CHARGED WITH A FELONY OR A CRIME OF VIOLENCE AS
DEFINED UNDER § 14-101 OF THE CRIMINAL LAW ARTICLE, AFTER THE LESSER OF
THE EXPIRATION OF 5 YEARS OR THE MAXIMUM SENTENCE FOR THE MOST SERIOUS
OFFENSE CHARGED; OR
(3) WHEN CHARGED WITH AN OFFENSE NOT COVERED UNDER
PARAGRAPH (1) OR (2) OF THIS SUBSECTION, AFTER THE LESSER OF THE EXPIRATION
OF 3 YEARS OR THE MAXIMUM SENTENCE FOR THE MOST SERIOUS OFFENSE
CHARGED.
(B) Whether or not the defendant is confined, if the court considers that
resuming the criminal proceeding would be unjust because so much time has passed
since the defendant was found incompetent to stand trial, the court [may] SHALL
dismiss the charge WITH WITHOUT PREJUDICE. However, the court may not dismiss a
[charge:
(1)] CHARGE without providing the State's Attorney and a victim or
victim's representative who has [filed a notification request form] REQUESTED
NOTIFICATION under [§ 11-104] § 3-123(C) of this [article] TITLE advance notice and
an opportunity to be heard[; and
(2) (i) until 10 years after the defendant was found incompetent to
stand trial in any capital case; or
(ii) until 5 years after the defendant was found incompetent to
stand trial in any other case where the penalty may be imprisonment in a State
correctional facility].
[(b)] (C) If charges are dismissed under this section, the court shall notify:
(1) the victim of the crime charged or the victim's representative who has
[filed a notification request form] REQUESTED NOTIFICATION under [§ 11-104] §
3-123(C) of this article; and
(2) the Criminal Justice Information System Central Repository.
3-108.
(a) (1) In addition to any other report required under this title, the Health
Department shall report [annually to each] TO THE court that has ordered
commitment of a [person] DEFENDANT under § 3-106 of this title:
(I) EVERY 6 MONTHS FROM THE DATE OF COMMITMENT OF THE
DEFENDANT; AND
(II) WHENEVER THE HEALTH DEPARTMENT DETERMINES THAT:
. - 1861 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
