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ROBERT L. EHRLICH, JR., Governor
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Ch. 580
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(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-17.2.
(A) THE COURT SHALL SET AND MAY CHANGE THE CONDITIONS UNDER
WHICH THE EXAMINATION IS TO BE CONDUCTED.
(B) ON CONSIDERATION OF THE NATURE OF THE PETITION, THE COURT MAY
REQUIRE THE EXAMINATION TO BE CONDUCTED ON AN OUTPATIENT BASIS IF THE
CHILD WAS PREVIOUSLY DETAINED UNDER § 3-8A-15 OF THIS SUBTITLE AND SHALL
REQUIRE THE EXAMINATION TO BE CONDUCTED ON AN OUTPATIENT BASIS IF THE
CHILD WAS NOT PREVIOUSLY DETAINED UNDER § 3-8A-15 OF THIS SUBTITLE.
(C) (1) IF A CHILD WAS PREVIOUSLY DETAINED UNDER § 3-8A-15 OF THIS
SUBTITLE, THE COURT MAY ORDER THE CHILD TO CONTINUE TO BE DETAINED
BEYOND ANY PERIOD SPECIFIED IN § 3-8A-15 OF THIS SUBTITLE UNTIL THE
EXAMINATION IS COMPLETED.
(2) IF THE COURT FINDS IT APPROPRIATE FOR THE HEALTH OR SAFETY
OF THE CHILD, OR FOR THE SAFETY OF OTHERS, THE COURT MAY ORDER
CONFINEMENT OF THE JUVENILE, PENDING THE EXAMINATION, IN A MEDICAL
FACILITY THAT THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE DESIGNATES
AS APPROPRIATE.
3-8A-17.3.
(A) (1) THE QUALIFIED EXPERT SHALL EXAMINE THE CHILD AND PREPARE
A REPORT STATING WHETHER, IN THE EXPERT'S OPINION, THE CHILD IS
INCOMPETENT TO PROCEED.
(2) IN CONDUCTING THE EXAMINATION, THE QUALIFIED EXPERT SHALL
REVIEW ALL AVAILABLE MEDICAL, EDUCATIONAL, AND COURT RECORDS
CONCERNING THE CHILD AND THE CHILD'S CASE.
- 3307 -
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