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ROBERT L. EHRLICH, JR., Governor
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S.B. 807
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(2) (i) If the court finds that, because of the apparent severity of the
mental disorder or mental retardation, a defendant in custody would be endangered
by confinement in a correctional facility, the court may order that the Health
Department, in the Health Department's discretion:
1. confine the defendant, pending examination, in a medical
facility that the Health Department designates as appropriate; or
2. immediately conduct a competency examination of the
defendant by a community forensic screening program or other agency that the
Health Department finds appropriate.
(ii) Unless the Health Department retains the defendant, the
defendant shall be promptly returned to the court after the examination.
(3) A defendant who is held for examination under this section may
question at any time the legality of the detention by petition for a writ of habeas
corpus.
(d) (1) If a court orders an examination under this section, the Health
Department shall:
(i) examine the defendant; and
(ii) send a complete report of its findings to:
1. the court;
2. the State's Attorney; and
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
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- 3345 -
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