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ROBERT L. EHRLICH, JR., Governor S.B. 807
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:
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.] THE DEPARTMENT SHALL INCLUDE A SUPPLEMENTAL REPORT THAT
PROVIDES A PLAN FOR SERVICES TO FACILITATE THE DEFENDANT REMAINING
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