2684

LAWS OF MARYLAND

Ch. 501

THE DEPARTMENT AND NOTIFY THE COURT AND STATE'S ATTORNEY, IN
WRITING, OF THIS REQUEST.

(2) THE PROVISIONS OF THIS TITLE GOVERNING
ADMINISTRATIVE HEARING AND JUDICIAL DETERMINATION OF ELIGIBILITY
FOR RELEASE APPLY TO ANY APPLICATION FOR RELEASE UNDER THIS
SUBSECTION.

(C)  JUDICIAL REVIEW.

(1)  TO APPLY FOR RELEASE UNDER THIS SUBSECTION, THE
COMMITTED INDIVIDUAL SHALL FILE A PETITION FOR RELEASE WITH THE
COURT THAT ORDERED COMMITMENT.

(2)  THE COMMITTED INDIVIDUAL SHALL SEND A COPY OF THE
PETITION FOR RELEASE TO THE DEPARTMENT AND THE STATE'S ATTORNEY.

(3)  IF THE COMMITTED INDIVIDUAL REQUESTS A TRIAL BY
JURY, THE TRIAL SHALL BE HELD IN A CIRCUIT COURT WITH A JURY AS
IN A CIVIL ACTION AT LAW.

(4)  THE TRIER OF FACT SHALL:

(I)  DETERMINE WHETHER THE COMMITTED INDIVIDUAL
HAS PROVED ELIGIBILITY FOR RELEASE BY A PREPONDERANCE OF THE
EVIDENCE; AND

(II)  RENDER A VERDICT FOR:

1.  CONTINUED COMMITMENT;

2.  CONDITIONAL RELEASE; OR

3.  DISCHARGE FROM COMMITMENT.

(5)  IF THE COURT RENDERS A VERDICT FOR CONDITIONAL
RELEASE, WITHIN 30 DAYS AFTER THE VERDICT THE COURT SHALL RELEASE
THE COMMITTED INDIVIDUAL UNDER CONDITIONS IT IMPOSES IN
ACCORDANCE WITH SPECIFIC RECOMMENDATIONS FOR CONDITIONS UNDER §
12-115(B) OF THIS TITLE.

(D)  APPEALS.

(1)  AN APPEAL FROM A DISTRICT COURT ORDER SHALL BE ON
THE RECORD IN THE CIRCUIT COURT.

(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 TO § 12-118.

This section replaces former Health - General Article, §
12-114, "Application for release". The only substantive
changes recommended by the Governor's Task Force to Review
the Defense of Insanity are as follows.