2672

LAWS OF MARYLAND

Ch. 501

(2)  THE DEFENDANT IS ENTITLED TO HAVE THE REPORT
WITHIN 60 DAYS AFTER THE COURT ORDERS THE EXAMINATION. HOWEVER,
FAILURE OF THE DEPARTMENT TO SEND THE COMPLETE REPORT WITHIN THAT
TIME IS NOT, OF ITSELF, GROUNDS FOR DISMISSAL OF THE CHARGES; AND

(3)  FOR GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE
TIME FOR EXAMINATION OR ORDER AN ADDITIONAL EXAMINATION.

TASK FORCE COMMENT TO § 12-110.

This section replaces former § 12-109. "Examination as to
sanity and competence." The following are the only
substantive changes recommended by the Governor's Task Force
to Review the Defense of Insanity.

Throughout this section, the term "not criminally
responsible" is used consistent with the decision to
substitute this term for the term "insanity" or "insane"
wherever possible.

In subsection (a) of this section, the term "competent to
stand trial" is substituted for "incompetent to stand trial"
for clarity in this context.

In subsection (b)(2)(ii) of this section, a new provision
permits the Department to retain the defendant. This is
added to expressly provide the procedure followed under
current administrative practice when the Department
determines that the defendant is presently incompetent to
stand trial.

In subsection (c)(1) of this section, the Department is
required to send its report to the defendant as well as to
defense counsel.

In subsection (c)(3) of this section, a new provision is
added to permit the Court to order an additional examination
of the defendant in its discretion.

12-111. FINDING OF NOT CRIMINALLY RESPONSIBLE -- COMMITMENT.

(A)  COMMITMENT.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AFTER
A VERDICT OF NOT CRIMINALLY RESPONSIBLE, THE COURT IMMEDIATELY
SHALL COMMIT THE DEFENDANT TO THE DEPARTMENT FOR INSTITUTIONAL,
INPATIENT CARE OR TREATMENT.

(B)  DISPOSITION OF MENTALLY RETARDED.

IF THE COURT COMMITS A DEFENDANT WHO WAS FOUND NOT
CRIMINALLY RESPONSIBLE PRIMARILY BECAUSE OF MENTAL RETARDATION,
THE DEPARTMENT SHALL DESIGNATE A FACILITY FOR MENTALLY RETARDED
INDIVIDUALS FOR CARE AND TREATMENT OF THE COMMITTED INDIVIDUAL.