2664

LAWS OF MARYLAND

Ch. 501

12-105. FINDING OF INCOMPETENCY -- IN GENERAL.

(A)  RELEASE.

EXCEPT IN A CAPITAL CASE, IF, AFTER A HEARING, THE COURT
FINDS THAT THE DEFENDANT IS INCOMPETENT TO STAND TRIAL BUT IS NOT
DANGEROUS BY REASON OF A MENTAL DISORDER OR MENTAL RETARDATION,
TO SELF OR THE PERSON OR PROPERTY OF OTHERS, THE COURT MAY SET
BAIL FOR THE DEFENDANT OR AUTHORIZE RELEASE OF THE DEFENDANT ON
RECOGNIZANCE.

(B)  COMMITMENT.

(1)  IF, AFTER A HEARING, THE COURT FINDS THAT THE
DEFENDANT IS INCOMPETENT TO STAND TRIAL AND, BECAUSE OF MENTAL
RETARDATION OR A MENTAL DISORDER, IS A DANGER TO SELF OR THE
PERSON OR PROPERTY OF ANOTHER, THE COURT MAY ORDER THE DEFENDANT
COMMITTED TO THE FACILITY THAT THE DEPARTMENT DESIGNATES UNTIL
THE COURT IS SATISFIED THAT THE DEFENDANT NO LONGER IS
INCOMPETENT TO STAND TRIAL OR NO LONGER IS, BECAUSE OF MENTAL
RETARDATION OR A MENTAL DISORDER, A DANGER TO SELF OR THE PERSON
OR PROPERTY OF OTHERS.

(2)  IF A COURT COMMITS THE DEFENDANT BECAUSE OF
MENTAL RETARDATION, THE DEPARTMENT SHALL REQUIRE THE MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES ADMINISTRATION TO
PROVIDE THE CARE OR TREATMENT THAT THE DEFENDANT NEEDS.

(C)  RECONSIDERATION OF COMPETENCY AND COMMITMENT.

(1)  ON SUGGESTION OF THE DEFENDANT OR ON ITS
INITIATIVE AND SUBJECT TO THE LIMITATIONS ON FREQUENCY IN § 7-705
OR § 10-805 OF THIS ARTICLE, AS THE CASE MAY BE, THE COURT MAY
RECONSIDER WHETHER THE DEFENDANT IS INCOMPETENT TO STAND TRIAL.

(2)  IF THE COURT ORDERS COMMITMENT UNDER SUBSECTION
(B) OF THIS SECTION, THE DEFENDANT MAY APPLY FOR RELEASE UNDER §
7-705 OR § 10-805 OF THIS ARTICLE. IN COMPUTING THE AVAILABILITY
OF REVIEW UNDER THOSE SECTIONS, AS THE CASE MAY BE, THE DATE OF
THE COMMITMENT ORDER SHALL BE TREATED AS A HEARING.

(D)  DETERMINATION OF OTHER LEGAL QUESTIONS.

IF THE DEFENDANT IS FOUND INCOMPETENT TO STAND TRIAL,
DEFENSE COUNSEL MAY MAKE ANY LEGAL OBJECTION TO THE PROSECUTION
THAT MAY BE DETERMINED FAIRLY BEFORE TRIAL AND WITHOUT THE
PERSONAL PARTICIPATION OF THE DEFENDANT.

(E)  INCLUSION IN CENTRAL COMPUTER DATA.

THE COURT SHALL NOTIFY THE CENTRAL REPOSITORY OF THE
CRIMINAL JUSTICE INFORMATION SYSTEM OF ANY COMMITMENT ORDERED OR
RELEASE AUTHORIZED UNDER THIS SECTION AND OF ANY DETERMINATION
THAT A DEFENDANT IS NO LONGER INCOMPETENT TO STAND TRIAL.