HARRY HUGHES, Governor

2681

This section replaces former Health - General Article, §
12-lll(d), "Report on hearing". The only substantive changes
recommended by the Governor's Task Force to Review the
Defense of Insanity are as follows.

In subsection (a) of this section, the hearing officer
determines whether the committed individual has proved by a
preponderance of the evidence eligibility for release, with
or without conditions. Formerly, the hearing officer
determined whether the State proved that the individual had
a mental disorder or mental retardation and, as a result of
the mental condition, was dangerous.

Subsections (a)(3) and (b) of this section are new
provisions which make clear that any conditions recommended
by the hearing officer are based on specific recommendations
from the facility and the committed individual. The Task
Force recommends this new procedure on the advice of the
Department. Formerly, the hearing officer prepared the
conditions without this consideration.

12-116. JUDICIAL HEARING ON HEARING OFFICER'S REPORT.

(A)  JUDICIAL HEARING; WAIVER.

WITHIN 30 DAYS AFTER THE COURT RECEIVES THE HEARING
OFFICER'S REPORT OF RECOMMENDATIONS:

(1)  THE COURT ON ITS OWN INITIATIVE MAY HOLD A
HEARING; OR

(2)  IF TIMELY EXCEPTIONS ARE FILED, OR IF THE COURT
REQUIRES MORE INFORMATION, THE COURT SHALL HOLD A HEARING UNLESS
THE COMMITTED INDIVIDUAL AND THE STATE'S ATTORNEY WAIVE THE
HEARING.

(B)  SAME -- PROCEDURE.

(1)  THE COURT SHALL HOLD THE HEARING ON THE RECORD
THAT WAS MADE BEFORE THE ADMINISTRATIVE HEARING OFFICER OF THE
DEPARTMENT.

(2)  AT THE JUDICIAL HEARING, THE COMMITTED INDIVIDUAL
IS ENTITLED TO BE PRESENT AND TO BE REPRESENTED BY COUNSEL.

(3)  THE COURT MAY CONTINUE ITS HEARING AND REMAND FOR
THE HEARING OFFICER TO TAKE ADDITIONAL EVIDENCE.

TASK FORCE COMMENT TO § 12-116.

This section replaces former Health - General Article, §
12-112(b) and (c). The only substantive change recommended
to this section by the Governor's Task Force to Review the
Defense of Insanity is a new provision in subsection (a)(1)