2686

LAWS OF MARYLAND

Ch. 501

(III) TO THE STATE'S ATTORNEY, BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED.

(B)  JUDICIAL DETERMINATION.

WITHIN 30 DAYS AFTER RECEIPT OF THE DEPARTMENT'S
APPLICATION, THE COURT SHALL ISSUE AN ORDER THAT IS IN ACCORDANCE
WITH THE PROVISIONS OF § 12-113 OF THIS TITLE FOR:

(1)  CONTINUED COMMITMENT; OR

(2)  CONDITIONAL RELEASE UNDER THE CONDITIONS IT
IMPOSES AFTER GIVING CONSIDERATION TO THE RECOMMENDATIONS OF
SPECIFIC CONDITIONS FROM THE DEPARTMENT.

(C)  REVOCATION AND OTHER CHANGES IN ORDER.

IF THE COURT ORDERS A CONDITIONAL RELEASE OF THE COMMITTED
INDIVIDUAL UNDER THIS SECTION, THE COMMITTED INDIVIDUAL, THE
STATE'S ATTORNEY, OR THE DEPARTMENT MAY APPLY FOR A REVOCATION,
CHANGE, OR EXTENSION UNDER § 12-121 OF THIS TITLE.

(D)  APPEAL.

(1)  AN APPEAL FROM A DISTRICT COURT ORDER SHALL BE ON
THE RECORD IN 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 § 12-119.

This section replaces former Health - General Article, §
12-116, "Department application for conditional release;
recommittal". The Governor's Task Force to Review the
Defense of Insanity recommends only the following
substantive changes.

In subsection (a)(1) of this section, the phrase "at any
time" is substituted for the former prohibition of
applications for release during the first 90 days. this
change is in light of other changes made by this title that
give the Department more control over release of committed
individuals.

The former reference in former § 12-116 to the committed
individual being one who was found "not guilty because the
individual was insane" is deleted in light of the new form
of verdict "not criminally responsible", provided by this
title.

In subsection (a)(2) of this section, in addition to sending
copies of an application for release to the State's
Attorney, the Department is required to send a copy to the
committed individual and counsel.