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ROBERT L. EHRLICH, JR., Governor S.B. 808
(1) (I) HAS EXPERTISE IN CHILD DEVELOPMENT, WITH TRAINING IN
THE FORENSIC EVALUATION OF CHILDREN, AS APPROVED BY THE SECRETARY OF
HEALTH AND MENTAL HYGIENE;
(2) (II) IS FAMILIAR WITH THE COMPETENCY STANDARDS CONTAINED
IN THIS SUBTITLE; AND
(3) (III) IS FAMILIAR WITH THE TREATMENT, TRAINING, AND
RESTORATION PROGRAMS FOR CHILDREN THAT ARE AVAILABLE IN THIS STATE.
3-8A-17.1.
(a) (1) At any time after a petition alleging that a child has committed a
delinquent act is filed with the court under this subtitle, the court on its own motion,
or on motion of the child's counsel or the State's Attorney, shall stay all proceedings
and order THAT THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR ANY
OTHER QUALIFIED EXPERT CONDUCT an evaluation of the child's [mental condition
and developmental levels] COMPETENCY TO PROCEED if the court finds that:
(i) There is probable cause to believe that the child has committed
the delinquent act; and
(ii) There is reason to believe that the child may be incompetent to
proceed with a waiver hearing under § 3-8A-06 of this subtitle, an adjudicatory
hearing under § 3-8A-18 of this subtitle, a disposition hearing under § 3-8A-19 of
this subtitle, or a violation of probation hearing.
(2) An evaluation ordered under paragraph (1) of this subsection shall be
performed by a qualified expert.
(3) This subsection may not be construed to prohibit the State or the
child from calling other expert witnesses to testify at a competency hearing.
(b) Any motion questioning the child's competency to proceed, and any
subsequent legal pleading relating to the child's competency to proceed, shall be
served on the child's counsel, the State's Attorney, the Department of Juvenile
Services, and the Department of Health and Mental Hygiene.
3-8A-17.4.
(a) (1) Except as provided in paragraph (2) of this subsection, within 15 days
after receipt of a report of a qualified expert, the court shall hold a competency
hearing.
(2) On good cause shown, the court may extend the time for holding the
competency hearing for an additional 15 days.
(b) At the competency hearing, the court shall determine, by evidence
presented on the record, whether the juvenile is incompetent to proceed.
(c) Findings of fact shall be based on the evaluation of the child by the
qualified expert.
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