2660

LAWS OF MARYLAND

Ch. 501

"JAIL" MEANS A JAIL, DETENTION CENTER, OR CORRECTIONAL
FACILITY.

(F) MENTAL DISORDER.

(1)  "MENTAL DISORDER" MEANS A BEHAVIORAL OR
EMOTIONAL ILLNESS THAT RESULTS FROM A PSYCHIATRIC OR NEUROLOGICAL
DISORDER.

(2)  "MENTAL DISORDER" INCLUDES A MENTAL ILLNESS THAT
SO SUBSTANTIALLY IMPAIRS THE MENTAL OR EMOTIONAL FUNCTIONING OF
AN INDIVIDUAL AS TO MAKE CARE OR TREATMENT NECESSARY OR
ADVISABLE FOR THE WELFARE OF THE INDIVIDUAL OR FOR THE SAFETY OF
THE PERSON OR PROPERTY OF ANOTHER.

(3)  "MENTAL DISORDER" DOES NOT INCLUDE MENTAL
RETARDATION.

TASK FORCE COMMENT TO § 12-101.

This section replaces former Health - General Article, §
12-101. The following are the only changes to the former
section recommended by the Governor's Task Force to Review
the Defense of Insanity.

In subsection (b) of this section, a new definition,
"committed individual", is added to make clear that a
committed individual, one who is committed to the. Department
of Health and Mental Hygiene as not criminally responsible,
is a different class of patient from those otherwise
committed.

Former subsection (d) of this section, the definition of
"insane", is deleted as an unnecessary definition for
purposes of this title. The terms "insane" and "insanity"
are avoided in this title, to the extent possible, and the
phrase "not criminally responsible" is substituted. See §
12-109 of this title and the Task Force comment.

Subsection (f) of this section, the definition of "mental
disorder" is modified by returning former item (3)(ii) to be
part of the test for criminal responsibility, as was its
location before the 1982 revision of that law. This item
provides that, for purposes of determining whether a
defendant is criminally responsible, mental disorder does
not include an abnormality that is manifested only by
repeated criminal or otherwise antisocial conduct. The
relocation to the test for criminal responsibility, § 12-108
of this title, is recommended by the Task Force because the
provision is a substantive part of the test and has specific
application only for purposes of that section. As a
practical consideration, the Task Force believes that the
placement of this provision in the test for criminal
responsibility is advantageous for purposes of jury
instructions, the examination and evaluation, expert