2666

LAWS OF MARYLAND

Ch. 501

12-107. REPORT OF DEFENDANTS COMMITTED AS INCOMPETENT.

(A)  REPORT TO COURT.

(1)  IN ADDITION TO ANY OTHER REPORT REQUIRED UNDER
THIS TITLE, THE DEPARTMENT SHALL REPORT ANNUALLY TO EACH COURT
THAT HAS ORDERED COMMITMENT OF AN INDIVIDUAL UNDER § 12-105 OF
THIS TITLE.

(2)  THE REPORT SHALL CONTAIN:

(I)  A LIST OF THE INDIVIDUALS HELD UNDER
COMMITMENT ORDERS; AND

(II)  ANY RECOMMENDATIONS THAT THE DEPARTMENT
CONSIDERS APPROPRIATE.

(B)  DISTRIBUTION OF REPORT.

(1)  THE CLERK OF COURT SHALL GIVE THE LAST COUNSEL
FOR EACH INDIVIDUAL, AS SHOWN BY THE COURT RECORDS, NOTICE THAT
THE CLIENT IS LISTED IN THE REPORT AND A COPY OF ANY
RECOMMENDATION THAT RELATES TO THE CLIENT.

(2)  THE DEPARTMENT SHALL SEND A COPY OF THE REPORT TO
EACH STATE'S ATTORNEY WHO BROUGHT CHARGES AGAINST AN INDIVIDUAL
IN THE REPORT.

(C)  RECOMMENDATIONS OF STATE'S ATTORNEY.

(1)  WITHIN 30 DAYS AFTER A STATE'S ATTORNEY RECEIVES
THE REPORT, THE STATE'S ATTORNEY SHALL SEND A RECOMMENDATION ON
DISPOSITION OF CHARGES AGAINST EACH INDIVIDUAL WHO HAS BEEN HELD
LONG ENOUGH TO BE ELIGIBLE FOR RELEASE UNDER § 12-106 OF THIS
TITLE.

(2)  THE STATE'S ATTORNEY SHALL SEND THE
RECOMMENDATION ABOUT AN INDIVIDUAL:

(I)  TO THE COURT THAT ORDERED COMMITMENT OF THE
INDIVIDUAL; AND

(II)  TO THE LAST COUNSEL FOR THE INDIVIDUAL.

(D)  INCLUSION IN CENTRAL COMPUTER DATA.

THE FACILITY OF THE DEPARTMENT THAT HAS CHARGE OF AN
INDIVIDUAL COMMITTED AS INCOMPETENT TO STAND TRIAL SHALL NOTIFY
THE CENTRAL REPOSITORY OF THE CRIMINAL JUSTICE INFORMATION SYSTEM
IF THE INDIVIDUAL ESCAPES.

TASK FORCE COMMENT TO § 12-107.