HARRY HUGHES, Governor                                     2677

defendant was committed to the Department for only a limited
time for the purpose of examination or evaluation. The
State could not further commit the defendant to' the
Department unless, at a hearing to consider the question of
commitment, the State proved by clear and convincing
evidence the criteria for commitment: mental disorder or
retardation, and dangerousness. After commitment, the
committed individual was permitted release hearings at
various intervals and on request under certain conditions.
At a release hearing, the State again had the burden to
prove that the individual should remain in confinement. On
the recommendation of the Task Force, the burden is shifted
to the committed individual to prove, by a preponderance of
the evidence, that he or she is no longer, as a result of
mental disorder or mental retardation, dangerous to self or
the person or property of others.

These changes and the accompanying procedural changes have
been approved in similar provisions by the Supreme Court.

See Jones v. United States, 463 U.S._____, 103 S. Ct. 3043

(1983).

12-114. RELEASE HEARING.

(A)  HEARING REQUIRED.

WITHIN 50 DAYS AFTER COMMITMENT TO THE DEPARTMENT UNDER §
12-111 OF THIS TITLE, A HEARING OFFICER OF THE DEPARTMENT SHALL
HOLD A HEARING TO CONSIDER ANY RELEVANT INFORMATION THAT WILL
ENABLE THE HEARING OFFICER TO MAKE RECOMMENDATIONS TO THE COURT
AS TO WHETHER THE COMMITTED INDIVIDUAL IS ELIGIBLE FOR RELEASE
UNDER § 12-113 OF THIS TITLE.

(B)  POSTPONEMENT AND WAIVER.

(1)  THE RELEASE HEARING MAY BE POSTPONED FOR GOOD
CAUSE OR BY AGREEMENT OF THE COMMITTED INDIVIDUAL AND THE
DEPARTMENT.

(2)  THE COMMITTED INDIVIDUAL MAY WAIVE THE RELEASE
HEARING.

(C)  EVALUATION AND REPORT.

(1)  UNLESS THE DEPARTMENT HAS COMPLETED AN
EXAMINATION AND REPORT DURING THE 90 DAYS PRECEDING THE RELEASE
HEARING, AT LEAST 7 DAYS BEFORE THE RELEASE HEARING IS SCHEDULED,
THE DEPARTMENT SHALL COMPLETE AN EXAMINATION AND EVALUATION OF
THE COMMITTED INDIVIDUAL.

(2)  WHETHER OR NOT THE RELEASE HEARING IS WAIVED, THE
DEPARTMENT SHALL SEND A COPY OF AN EVALUATION REPORT THAT MEETS
THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION TO:

(I) THE COMMITTED INDIVIDUAL;