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Ch. 353 2006 LAWS OF MARYLAND
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1. THE DEFENDANT NO LONGER IS INCOMPETENT TO STAND
TRIAL;
2. 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
3. THERE IS NOT A SUBSTANTIAL LIKELIHOOD THAT THE
DEFENDANT WILL BECOME COMPETENT TO STAND TRIAL IN THE FORESEEABLE
FUTURE.
(2) [The report shall contain:
(i) a list of the persons held under commitment orders; and
(ii) any recommendations that the Health Department considers
appropriate.] IF A REPORT REQUIRED UNDER THIS TITLE STATES AN OPINION THAT
THE DEFENDANT IS COMPETENT TO STAND TRIAL OR IS NOT DANGEROUS, AS A
RESULT OF A MENTAL DISORDER OR MENTAL RETARDATION, TO SELF OR THE
PERSON OR PROPERTY OF OTHERS, THE DEPARTMENT SHALL INCLUDE A
SUPPLEMENTAL REPORT STATING A PLAN FOR SERVICES TO FACILITATE THE
DEFENDANT REMAINING;
(I) COMPETENT TO STAND TRIAL; OR
(II) NOT DANGEROUS, AS A RESULT OF MENTAL DISORDER OR
MENTAL RETARDATION, TO SELF OR THE PERSON OR PROPERTY OF OTHERS.
(3) IF NECESSARY TO MAINTAIN THE DEFENDANT SAFELY IN THE
COMMUNITY OR TO MAINTAIN OR RESTORE COMPETENCY, THE PLAN REQUIRED IN
THE REPORT UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE
RECOMMENDED THE DEPARTMENT SHALL INCLUDE A SUPPLEMENTAL REPORT
THAT PROVIDES A PLAN FOR SERVICES TO FACILITATE THE DEFENDANT REMAINING
COMPETENT TO STAND TRIAL OR NOT DANGEROUS. AS A RESULT OF MENTAL
RETARDATION OR A MENTAL DISORDER TO SELF OR THE PERSON OR PROPERTY OF
OTHERS. IF:
(I) A REPORT REQUIRED UNDER THIS TITLE STATES AN OPINION
THAT THE DEFENDANT IS COMPETENT TO STAND TRAIL OR IS NOT DANGEROUS, AS A
RESULT OF MENTAL RETARDATION OR A MENTAL DISORDER TO SELF OR THE
PERSON OR PROPERTY OF OTHERS; AND
(II) A PLAN IS SERVICES ARE NECESSARY TO MAINTAIN THE
RESTORE COMPETENCY.
(3) IF APPROPRIATE. THE PLAN REQUIRED IN THE REPORT UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE RECOMMENDED:
(I) MENTAL HEALTH TREATMENT, INCLUDING PROVIDERS OF
CARE;
(II) VOCATIONAL, REHABILITATIVE, OR SUPPORT SERVICES;
- 1862 -
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