2676

LAWS OF MARYLAND

Ch. 501

individuals who have been charged with criminal acts. The
verdict of not criminally responsible which established that
the individual committed an otherwise criminal act justifies
the recording of this information. This information will
significantly enhance this State's ability to prevent crime
and protect the public. It will enable better institutional
planning and analysis by this State.

Throughout this section the newly defined term "committed
individual" is used for clarity. See § 12-101(b) of this
title.

12-113. ELIGIBILITY FOR RELEASE.

(A)  IN GENERAL.

A COMMITTED INDIVIDUAL MAY BE RELEASED UNDER THE PROVISIONS
OF THIS SECTION AND §§ 12-114 THROUGH 12-121 OF THIS TITLE.

(B)  ELIGIBILITY -- DISCHARGE.

A COMMITTED INDIVIDUAL IS ELIGIBLE FOR DISCHARGE FROM
COMMITMENT ONLY IF THAT INDIVIDUAL WOULD NOT BE A DANGER, AS A
RESULT OF MENTAL DISORDER OR MENTAL RETARDATION, TO SELF OR TO
THE PERSON OR PROPERTY OF OTHERS IF DISCHARGED.

(C)  SAME -- CONDITIONAL RELEASE.

A COMMITTED INDIVIDUAL IS ELIGIBLE FOR CONDITIONAL RELEASE
FROM COMMITMENT ONLY IF THAT INDIVIDUAL WOULD NOT BE A DANGER, AS
A RESULT OF MENTAL DISORDER OR MENTAL RETARDATION, TO SELF OR TO
THE PERSON OR PROPERTY OF OTHERS IF RELEASED FROM CONFINEMENT
WITH CONDITIONS IMPOSED BY THE COURT.

(D)  BURDEN OF PROOF.

TO BE RELEASED, A COMMITTED INDIVIDUAL HAS THE BURDEN TO
ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE ELIGIBILITY FOR
DISCHARGE OR ELIGIBILITY FOR CONDITIONAL RELEASE.

TASK FORCE COMMENT TO § 12-113.

This section is new to this title and represents a
significant change to the law recommended by the Governor's
Task Force to Review the Defense of Insanity. The change
relates to the disposition of a defendant who has been
relieved of criminal responsibility and sanctions because of
mental disorder or mental retardation.

This section provides that an individual found not
criminally responsible and committed to the Department for
an indeterminate period may not be released until the
defendant proves eligibility for release, or, under § 12-119
of this title, the Department advises the court that the
individual is eligible for release. Previously such a