HARRY HUGHES, Governor                                     2661

testimony, and public understanding of the nature of the
test for criminal responsibility.

The Task Force noted that the transfer to § 12-108 would
then make the definition in subsection (f) of this section
identical to the definition of "mental disorder" in Title 10
of this article. The Task Force recommends, however, that
the definition in this title be stated in full instead of
incorporated as a cross reference to Title 10 because the
definition is so important to this title and because future
variations between the two definitions is not unforeseeable.

The Task Force Advises against defining "mental retardation"
for purposes of this title.

12-102. RULES AND REGULATIONS.

IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE IN THIS
ARTICLE, THE SECRETARY SHALL ADOPT RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS TITLE THAT RELATE TO THE DEPARTMENT.

TASK FORCE COMMENT TO § 12-102.

This section is a new provision added on the recommendation
of the Governor's Task Force to Review the Defense of
Insanity. The Task Force notes that rules and regulations
adopted by the Secretary under Title 10 of the Health
General Article have apparently been applied to similar
procedures under this title; however, enactment of this
proposed title will necessitate new procedures for release
hearings and revocation hearings.

The Task Force specifically recommends that rules and
regulations be adopted to set standards for pre-trial
screenings, examinations and evaluations under this title;
to govern supervision of temporary leaves and conditional
releases; and to describe procedures to be followed in the
event of an escape from custody by a committed individual.

12-103. COURT DETERMINATION OF COMPETENCY.

(A)  HEARING.

IF, BEFORE OR DURING A TRIAL, THE DEFENDANT IN A CRIMINAL
CASE APPEARS TO THE COURT TO BE INCOMPETENT TO STAND TRIAL OR THE
DEFENDANT ALLEGES INCOMPETENCE TO STAND TRIAL, THE COURT SHALL
DETERMINE, ON EVIDENCE PRESENTED ON THE RECORD, WHETHER THE
DEFENDANT IS INCOMPETENT TO STAND TRIAL.

(B)  COURT ACTION IF DEFENDANT COMPETENT.

IF, AFTER RECEIVING EVIDENCE, THE COURT FINDS THAT THE
DEFENDANT IS COMPETENT TO STAND TRIAL, THE TRIAL SHALL BEGIN AS
SOON AS PRACTICABLE OR, IF ALREADY BEGUN, SHALL CONTINUE.