2662

LAWS OF MARYLAND

Ch. 501

(C) RECONSIDERATION OF COMPETENCY.

AT ANY TIME DURING THE TRIAL AND BEFORE VERDICT, THE COURT
MAY RECONSIDER THE QUESTION OF WHETHER THE DEFENDANT IS
INCOMPETENT TO STAND TRIAL.

TASK FORCE COMMENT TO § 12-103.

This section replaces former Health - General Article, §
12-102, "Court determination of competency". The Governor's
Task Force to Review the Defense of Insanity recommends no
substantive change to this section.

12-104. EXAMINATION AS TO COMPETENCE.

(A)  EXAMINATION AUTHORIZED.

(1)  FOR GOOD CAUSE AND AFTER GIVING THE DEFENDANT AN
OPPORTUNITY TO BE HEARD, THE COURT MAY ORDER THE DEPARTMENT TO
EXAMINE THE DEFENDANT TO DETERMINE WHETHER THE DEFENDANT IS
INCOMPETENT TO STAND TRIAL.

(2)  THE COURT SHALL SET AND MAY CHANGE THE CONDITIONS
UNDER WHICH THE EXAMINATION IS TO BE MADE.

(B)  BAIL OR RECOGNIZANCE DURING EXAMINATION.

EXCEPT IN A CAPITAL CASE, ON CONSIDERATION OF THE NATURE OF
THE CHARGE, THE COURT:

(1)  MAY REQUIRE OR PERMIT THE EXAMINATION TO BE DONE
ON AN OUTPATIENT BASIS; AND

(2)  IF AN OUTPATIENT EXAMINATION IS AUTHORIZED, SHALL
SET BAIL FOR THE DEFENDANT OR AUTHORIZE RELEASE OF THE DEFENDANT
ON RECOGNIZANCE.

(C)  CONFINEMENT BEFORE AND DURING EXAMINATION; HABEAS
CORPUS.

(1)  IF A DEFENDANT IS TO BE HELD IN CUSTODY FOR
EXAMINATION UNDER THIS SECTION, THE DEFENDANT SHALL BE CONFINED
IN A JAIL UNTIL THE DEPARTMENT CAN DO THE EXAMINATION. IF THE
COURT FINDS IT APPROPRIATE FOR THE HEALTH OR SAFETY OF THE
DEFENDANT, THE COURT MAY ORDER CONFINEMENT:

(I)  IN A MEDICAL WING OR OTHER ISOLATED AND
SECURE UNIT OF THE JAIL; OR

(II)  IF A MEDICAL WING OR OTHER UNIT IS NOT
AVAILABLE, IN A MEDICAL FACILITY THAT THE DEPARTMENT DESIGNATES
AS APPROPRIATE.

(2) (I) WHEN THE DEPARTMENT CAN DO THE EXAMINATION, A
COURT AGENCY SHALL TAKE THE DEFENDANT TO THE EVALUATION FACILITY
THAT THE DEPARTMENT DESIGNATES.