2674

LAWS OF MARYLAND

Ch. 501

evaluation. This was followed by a hearing, similar to the
procedure for civil involuntary commitment, at which the
State was required to prove by clear and convincing evidence
that the individual was presently suffering from a mental
disorder or mental retardation and was as a result
dangerous. The procedure as to "committed individuals" is
changed by this section which authorizes the State to
automatically commit to the Department an individual found
to be not criminally responsible, to be confined in a
psychiatric institution until such time as the individual
proves eligibility for release. The underlying rationale
that permits the State to authorize automatic commitment is
based on the nature of the verdict of not criminally
responsible. The verdict establishes the two essential
criteria for commitment: mental disorder or retardation, and
dangerousness. See § 12-109 and the Task Force comment.
Since § 12-109 of this title provides that this verdict is
the result of two findings: that the defendant committed
the criminal act charged and the defendant suffered, at the
time, from a mental disorder or mental retardation, the
State is justified in considering the defendant presently
dangerous and continuing to suffer from the mental
condition. Similar provisions have been approved by the
Supreme Court. "A verdict of not [criminally responsible]
by reason of insanity is sufficiently probative of mental
illness and dangerousness to justify commitment of the
defendant for the purposes of treatment and protection of

society". Jones v. United States, 463 U.S. ___, 103 S.

Ct. 3043 (1983).

Subsection (b) of this section is present law transferred
here from former § 12-113(b)(3).

In subsection (c) of this section, the exception to
automatic commitment is present law that the Task Force
recommends be retained; however, a new provision requires
that any decision of the court to release the defendant,
with the State's Attorney's agreement, may take place only
if the Department's examination and evaluation report
indicates that the Department believes that the defendant is
no longer, as a result of mental disorder or mental
retardation, dangerous.

Subsection (d) of this section is a new provision added to
require that the central criminal information computer
record and track information about individuals who have been
found not criminally responsible in the same manner as is
provided for tracking information about others who have
committed crimes.

12-112. REPORT ON COMMITTED INDIVIDUALS.

(A) REPORT TO DEPARTMENT.