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ROBERT L. EHRLICH, JR., Governor
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S.B. 807
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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.
(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
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