HARRY HUGHES, Governor

2671

conform one's conduct to the requirements of law' [§
12-108(a)(2) of this title] -- does not necessarily affect
the person's ability to form a particular specific criminal
intent". Opinion No. 82-044 (December 23, 1982) (to be

published at 67 Opinions of the Attorney General ____

(1982)).

If the jury finds the defendant not guilty, there is no
determination made of the plea of not criminally
responsible.

12-110. SAME -- EXAMINATION AS TO CRIMINAL RESPONSIBILITY AND
COMPETENCE.

(A)  EXAMINATION AUTHORIZED.

IF A DEFENDANT HAS ENTERED A PLEA OF NOT CRIMINALLY
RESPONSIBLE, THE COURT MAY ORDER THE DEPARTMENT TO EXAMINE THE
DEFENDANT TO DETERMINE WHETHER THE DEFENDANT WAS NOT CRIMINALLY
RESPONSIBLE UNDER § 12-108 OF THIS TITLE AND WHETHER THE
DEFENDANT IS COMPETENT TO STAND TRIAL.

(B)  CONFINEMENT BEFORE AND DURING EXAMINATION.

(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 SECURE UNIT IS
NOT AVAILABLE, IN A MEDICAL FACILITY THAT THE SECRETARY
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.

(II) AFTER THE EXAMINATION, UNLESS THE
DEPARTMENT RETAINS THE DEFENDANT, A COURT AGENCY SHALL RETURN THE
DEFENDANT TO THE PLACE OF CONFINEMENT.

(C)  REPORT ON EXAMINATION.

IF A COURT ORDERS AN EXAMINATION UNDER THIS SECTION:
(1) THE DEPARTMENT SHALL:

(I)  EXAMINE THE DEFENDANT; AND

(II)  SEND A REPORT OF ITS OPINIONS TO THE
COURT, THE STATE'S ATTORNEY, THE DEFENDANT, AND THE DEFENSE
COUNSEL;