HARRY HUGHES, Governor

2679

(6) AT THE RELEASE HEARING, THE STATE'S ATTORNEY AND
THE DEPARTMENT ARE ENTITLED TO BE PRESENT, TO OFFER EVIDENCE, AND
TO CROSS-EXAMINE WITNESSES.

TASK FORCE COMMENT TO § 12-114.

The section replaces former Health - General Article, §
12-lll(b) and (c).. "Hearing on report -- Scheduling, notice,
and summons." and "Same -- Conduct.", respectively. The
following are the only substantive changes recommended by
the Governor's Task Force to Review the Defense of Insanity.

The former law related to a hearing after an "insanity"
trial. The purpose of this initial hearing then was to
determine whether the State could prove that the individual
was suffering from the same mental state, was dangerous, and
therefore should be committed. This hearing was held within
30 days after the court ordered the Department to examine
and evaluate the individual.

This change recommended by the Task Force provides instead
an initial hearing held 50 days after an automatic
commitment, at which the burden is shifted to the committed
individual to prove by a preponderance of the evidence that
he or she is no longer dangerous as a result of mental
retardation or a mental disorder. See §§ 12-111 and 12-113
of this title and the Task Force comments.

In subsection (a) of this section, the hearing officer
considers "any relevant evidence" to determine whether the
committed individual should be released. The former
provision stated that the hearing officer considered the
"evaluation and any other relevant information". Since this
title provides the justification for committing the
individual on the basis of the verdict, the reference to
"evaluation" is deleted as possibly misleading.

In subsection (b) of this section, the Task Force recommends
a new provision to permit the committed individual to waive
the initial hearing. The Department advises that in many
instances the individual remains seriously ill and does not
wish to be released nor go through a release hearing.

Subsection (c) of this section is a new provision added to
require that at the time provided for the initial release
hearing, even if the hearing is waived, the Department will
have a current evaluation of the committed individual and
provide a copy of it to all parties.

In subsection (e)(2) of this section, a new provision makes
clear that any entity, whether court or party, that orders a
transcript of the administrative release hearing also pays
for the transcript and, in certain appropriate
circumstances, provides copies to other.