2678

LAWS OF MARYLAND

Ch. 501

(II)  COUNSEL FOR THE COMMITTED INDIVIDUAL;

(III)  THE STATE'S ATTORNEY; AND

(IV)  A HEARING OFFICER OF THE DEPARTMENT.

(D)  NOTICE AND SUMMONS.

(1)  THE DEPARTMENT SHALL SEND NOTICE OF THE RELEASE
HEARING TO:

(I)  THE COMMITTED INDIVIDUAL;

(II)  COUNSEL FOR THE COMMITTED INDIVIDUAL; AND

(III)  THE STATE'S ATTORNEY.

(2)  THE HEARING OFFICER SHALL ISSUE ANY APPROPRIATE
SUBPOENA FOR ANY PERSON OR EVIDENCE. THE COURT MAY COMPEL
OBEDIENCE TO THE SUBPOENA.

(E)  RELEASE HEARING -- CONDUCT.

(1)  FORMAL RULES OF EVIDENCE DO NOT APPLY TO THE
RELEASE HEARING, AND THE HEARING OFFICER MAY ADMIT AND CONSIDER
ANY RELEVANT EVIDENCE.

(2)  THE HEARING SHALL BE RECORDED, BUT THE RECORDING
NEED NOT BE TRANSCRIBED UNLESS REQUESTED. THE REQUESTING PARTY
SHALL PAY THE COSTS OF THE TRANSCRIPT AND, IF EXCEPTIONS HAVE
BEEN FILED, PROVIDE COPIES TO OTHER PARTIES AND THE COURT. IF
THE COURT ORDERS A TRANSCRIPT, THE COURT SHALL PAY THE COSTS OF
THE TRANSCRIPT.

(3)  ANY RECORD THAT RELATES TO EVALUATION OR
TREATMENT OF THE COMMITTED INDIVIDUAL BY THIS STATE SHALL BE MADE
AVAILABLE, ON REQUEST, TO THE COMMITTED INDIVIDUAL OR COUNSEL FOR
THE COMMITTED INDIVIDUAL.

(4)  THE DEPARTMENT SHALL PRESENT THE EVALUATION
REPORT ON THE COMMITTED INDIVIDUAL AND ANY OTHER RELEVANT
EVIDENCE.

(5)  AT THE RELEASE HEARING, THE COMMITTED INDIVIDUAL
IS ENTITLED:

(I)  TO BE PRESENT, TO OFFER EVIDENCE, AND TO
CROSS-EXAMINE ADVERSE WITNESSES; AND

(II)  TO BE REPRESENTED BY COUNSEL, INCLUDING,
IF INDIGENT, THE PUBLIC DEFENDER OR A DESIGNEE OF THE PUBLIC
DEFENDER.