HARRY HUGHES, Governor                                     2683

(2) AN APPEAL FROM A CIRCUIT COURT ORDER SHALL BE BY
APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF SPECIAL APPEALS.

TASK FORCE COMMENT ON § 12-117.

This section replaces former Health - General Article, §
12-112(a) and the second clause of (b)(2), "Order Without
Hearing" and § 12-113, "Court order after hearing or
waiver". 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, in accordance with the
general recommendations of the Task Force concerning
commitment and release, the court now determines whether the
committed individual proved, by a preponderance of evidence,
eligibility for release. Formerly the court determined
whether the State had proved that the individual suffered
from a mental disorder or mental retardation and, as a
result of that mental condition, was dangerous to self or to
the person or property of others.

Subsection (b)(2) of this section is substituted for clarity
for the phrase in former Health - General Article, §
12-112(b)(1), " If...the court does not intend to follow the
recommendations in the report, the court shall hold a
hearing...".

In subsection (c) of this section, the Task Force has
determined that this State's conditional release program is
successful and highly regarded nationwide. The Task Force
strongly recommends retention of the present 5-year
conditional release program.

12-118. APPLICATION FOR RELEASE.

(A)  APPLICATION -- TIME.

(1)  NOT EARLIER THAN 1 YEAR AFTER THE INITIAL RELEASE
HEARING ENDS OR WAS WAIVED, AND NOT MORE THAN ONCE A YEAR
THEREAFTER, A COMMITTED INDIVIDUAL MAY APPLY FOR RELEASE UNDER
EITHER SUBSECTION (B) OR (C) OF THIS SECTION, BUT NOT BOTH.

(2)  NOTWITHSTANDING THE TIME RESTRICTIONS IN
PARAGRAPH (1) OF THIS SUBSECTION, A COMMITTED INDIVIDUAL MAY FILE
AN APPLICATION FOR RELEASE AT ANY TIME IF THE APPLICATION IS
ACCOMPANIED BY AN AFFIDAVIT OF A PHYSICIAN OR LICENSED
PSYCHOLOGIST THAT STATES AN IMPROVEMENT IN THE MENTAL CONDITION
OF THE COMMITTED INDIVIDUAL SINCE THE LAST HEARING.

(B)  ADMINISTRATIVE PROCEEDING.

(1) TO APPLY FOR RELEASE UNDER THIS SUBSECTION, THE
COMMITTED INDIVIDUAL SHALL FILE AN APPLICATION FOR RELEASE WITH