2680

LAWS OF MARYLAND

Ch. 501

In subsection (e)(6) of this section, a new provision is added to
clarify that the Department is a party in a release hearing.

12-115. HEARING OFFICER'S REPORT ON RELEASE ELIGIBILITY.

(A)  CONTENT AND TIME OF REPORT.

WITHIN 10 DAYS AFTER THE HEARING ENDS, THE HEARING OFFICER
SHALL PREPARE A REPORT OF RECOMMENDATIONS TO THE COURT THAT
CONTAINS:

(1)  A SUMMARY OF THE EVIDENCE PRESENTED AT THE
HEARING;

(2)  RECOMMENDATIONS OF THE HEARING OFFICER AS TO
WHETHER THE COMMITTED INDIVIDUAL PROVED, BY A PREPONDERANCE OF
THE EVIDENCE, ELIGIBILITY FOR CONDITIONAL RELEASE, OR ELIGIBILITY
FOR DISCHARGE; AND

(3)  IF THE HEARING OFFICER DETERMINES THAT THE
COMMITTED INDIVIDUAL PROVED ELIGIBILITY FOR CONDITIONAL RELEASE,
THE RECOMMENDED CONDITIONS OF THE RELEASE IN ACCORDANCE WITH
SUBSECTION (B) OF THIS SECTION.

(B)  CONDITIONS OF A CONDITIONAL RELEASE.

IN RECOMMENDING THE CONDITIONS OF A CONDITIONAL RELEASE, THE
HEARING OFFICER SHALL GIVE CONSIDERATION TO ANY SPECIFIC
CONDITIONS RECOMMENDED BY THE FACILITY OF THE DEPARTMENT THAT HAS
CHARGE OF THE COMMITTED INDIVIDUAL, THE COMMITTED INDIVIDUAL, OR
COUNSEL FOR THE COMMITTED INDIVIDUAL.

(C)  DELIVERY OF COPIES OF REPORT.

THE HEARING OFFICER SHALL SEND COPIES OF THE REPORT OF
RECOMMENDATIONS:

(1)  TO THE COMMITTED INDIVIDUAL;

(2)  TO COUNSEL FOR THE COMMITTED INDIVIDUAL;

(3)  TO THE STATE'S ATTORNEY;

(4)  TO THE COURT; AND

(5)  TO THE FACILITY OF THE DEPARTMENT THAT HAS CHARGE
OF THE COMMITTED INDIVIDUAL.

(D)  EXCEPTIONS.

THE COMMITTED INDIVIDUAL, THE STATE'S ATTORNEY, OR THE
DEPARTMENT MAY FILE EXCEPTIONS TO THE HEARING OFFICER'S REPORT
WITHIN 10 DAYS AFTER RECEIVING THE REPORT.

TASK FORCE COMMENT TO § 12-115.