HARRY HUGHES, Governor

2685

In subsection (a)(2) of this section, a new provision is
added to require that the affidavit that enables a committed
individual to have a release hearing earlier than otherwise
provided is one made by either a physician or licensed
psychologist. Formerly anyone, other than another patient,
could make this affidavit. Note that "licensed
psychologist" is defined in the Health - Occupations Article
to mean "a psychologist who is licensed by the Board (State
Board of Examiners of Psychologists) to practice
psychology".

In subsection (c)(1) of this section, the defined term
"court", meaning the court that has criminal jurisdiction,
is substituted for the former term "equity court" for
consistency with the procedure in this title for other
release and revocation hearings. In keeping with this
change, the phrase "in a circuit court" is added to
subsection (c)(3) to make clear that if the court with
criminal jurisdiction is a district court, the case shall be
certified to the circuit court if the committed individual
requests a jury trial.

In subsection (c)(2) of this section, a requirement that a
copy of the application be sent to the Department, is added
as means of notification of the application for release.

In subsection (c)(5) of this section, in light of other
changes make in this title, a new provision clarifies that
the court considers the recommendations as to the terms of a
conditional release in accordance with § 12-115(b) of this
title which provides substantial input from the Department
and committed individual.

Subsection (d) of this section is a new provision added for
clarity and conforms to appeal provisions in similar
sections providing judicial review.

12-119. DEPARTMENT APPLICATION FOR CONDITIONAL RELEASE.

(A) APPLICATION REQUIRED.

(1)  IF AT ANY TIME THE DEPARTMENT CONSIDERS A
COMMITTED INDIVIDUAL IS ELIGIBLE FOR CONDITIONAL RELEASE, THE
DEPARTMENT MAY APPLY FOR THE CONDITIONAL RELEASE TO THE COURT
THAT COMMITTED THE INDIVIDUAL.

(2)  THE DEPARTMENT SHALL SEND A COPY OF THE
APPLICATION FOR CONDITIONAL RELEASE:

(I)  TO THE COMMITTED INDIVIDUAL;

(II)  TO COUNSEL FOR THE COMMITTED INDIVIDUAL;
AND