2658

LAWS OF MARYLAND

Ch. 501

laws of the State relating to incompetency and criminal
responsibility in criminal cases and the commitment to and
release from the Department of Health and Mental Hygiene of
certain individuals, including the jurisdiction of the
courts over commitment and release of certain individuals;
defining certain terms and repealing the definition of
"insane"; requiring the Secretary of the Department of
Health and Mental Hygiene to adopt certain rules and
regulations; requiring that certain information about
certain individuals be reported to and included in the
central computer of the criminal justice information system;
changing the form of the verdict and the terminology in the
test for criminal responsibility; providing that a defendant
who pleads not criminally responsible has the burden of
proving the plea by a preponderance of the evidence;
clarifying the nature of the verdict if a defendant is found
not criminally responsible by reason of insanity; providing
automatic commitment to the Department of individuals found
not criminally responsible; establishing procedures and
criteria for conditional release and for revocation of
conditional release; providing for certain examinations,
evaluations, and reports with respect to individuals found
not criminally responsible; establishing standards,
conditions, and procedures for release and assigning the
burden of proof to the committed individual to show by a
preponderance of the evidence that the individual is no
longer dangerous by reason of mental disorder or mental
retardation before release; providing for certain
administrative and judicial hearings relating to commitment
and release; making it a felony subject to a penalty of
confinement for up to 10 years for any individual committed
under this title to escape from a facility of the Department
or for any individual to aid or abet such an escape; making
conforming changes to certain sections of Article 27 of the
Code; providing for the effective date, construction, and
applicability of this Act; and generally relating to
incompetency to stand trial and criminal responsibility in
criminal cases, and the commitment and release of
individuals determined to be incompetent to stand trial or
not criminally responsible.

BY repealing

Article - Health - General

Title "Title 12. Incompetency and Insanity in Criminal

Cases", in its entirety
Annotated Code of Maryland
(1982 Volume and 1983 Supplement)

BY adding to

Article - Health - General

Title "Title 12. Incompetency and Criminal Responsibility in
Criminal Cases"