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ROBERT L. EHRLICH, JR., Governor
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S.B. 807
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(III) THE DEFENDANT IS ELIGIBLE FOR SERVICES PURSUANT TO §
7-404 OF THE HEALTH - GENERAL ARTICLE.
(6) IF THE REPORT REQUIRED UNDER PARAGRAPH (2) OF THIS
SUBSECTION STATES AN OPINION THAT THERE IS NOT A SUBSTANTIAL LIKELIHOOD
THAT THE DEFENDANT WILL BECOME COMPETENT IN THE FORESEEABLE FUTURE,
THE REPORT SHALL CONTAIN AN OPINION REGARDING WHETHER THE DEFENDANT
MEETS THE CRITERIA FOR COMMITMENT UNDER § 3-106(D) OF THIS TITLE.
(7) A STATEMENT MADE BY THE DEFENDANT IN THE COURSE OF ANY
EXAMINATION FOR A REPORT UNDER THIS SECTION IS NOT ADMISSIBLE AS
EVIDENCE IN ANY CRIMINAL PROCEEDING FOR THE PURPOSE OF PROVING THE
COMMISSION OF A CRIMINAL OFFENSE OR TO ENHANCE THE SENTENCE OF THE
DEFENDANT.
(8) A REPORT PREPARED 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.
(b) [(1)] The clerk of court shall give THE STATE'S ATTORNEY AND the last
counsel [for each person, as shown by the court records, notice that the client is listed
in the report and a copy of any recommendation that relates to the client] OF RECORD
FOR THE DEFENDANT A COPY OF ANY REPORT RECEIVED UNDER THIS SECTION.
[(2) The Health Department shall send a copy of the report to each State's
Attorney who brought charges against a person in the report.]
(c) [(1) Within 30 days after a State's Attorney receives the report, the
State's Attorney shall send a recommendation on disposition of charges against each
person who has been held long enough to be eligible for release under § 3-107 of this
title.
(2) The State's Attorney shall send the recommendation about a person
to:
(i) the court that ordered commitment of the person; and
(ii) the last counsel for the person.
(d)] The facility of the Health Department that has charge of a person
committed as incompetent to stand trial shall notify the Criminal Justice Information
System Central Repository if the person escapes.
3-123.
(a) (1) In this section the following terms have the meanings indicated.
(2) "Defendant" means:
(i) a committed individual;
(ii) an individual found incompetent to stand trial; or
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- 3351 -
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