HARRY HUGHES, Governor                                     2687

In subsection (b) of this section, to clarify procedure, a
30-day time frame is added within which the court issues an
order in response to the Department's application.

Also in subsection (b) of this section, the phrase "that is
in accordance with the provision of § 12-113 of this title"
is added to make clear that the court may not deny an
application if the release criteria provided by this title
have been established.

12-120. REVOCATION AND OTHER CHANGES IN CONDITIONAL RELEASE.

(A)  ACTION BY STATE'S ATTORNEY ON RECEIPT OF REPORT.

(1)  IF THE STATE'S ATTORNEY RECEIVES A REPORT THAT
ALLEGES THAT A COMMITTED INDIVIDUAL HAS VIOLATED A CONDITION OF A
CONDITIONAL RELEASE, OR IF THE STATE'S ATTORNEY IS NOTIFIED BY
THE COURT OR DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION, THE
STATE'S ATTORNEY SHALL DETERMINE WHETHER THERE IS A FACTUAL BASIS
FOR THE COMPLAINT.

(2)  IF THE STATE'S ATTORNEY DETERMINES THAT THERE IS
NO FACTUAL BASIS FOR THE COMPLAINT, THE STATE'S ATTORNEY SHALL
NOTIFY THE PERSON WHO MADE THE REPORT AND TAKE NO FURTHER ACTION.

(3)  IF THE STATE'S ATTORNEY DETERMINES THAT THERE IS
A FACTUAL BASIS TO BELIEVE THAT THE COMMITTED INDIVIDUAL HAS
VIOLATED THE TERMS OF A CONDITIONAL RELEASE AND BELIEVES FURTHER
ACTION BY THE COURT IS NECESSARY, THE STATE'S ATTORNEY PROMPTLY
SHALL:

(I)  NOTIFY THE DEPARTMENT OF THE ALLEGED
VIOLATION; AND

(II)  FILE WITH THE COURT A PETITION FOR
REVOCATION OR MODIFICATION OF CONDITIONAL RELEASE AND SEND A COPY
OF THE PETITION TO THE DEPARTMENT.

(B)  ACTION BY COURT AND DEPARTMENT ON RECEIPT OF REPORT.

(1)  IF A COURT RECEIVES A REPORT THAT ALLEGES THAT A
COMMITTED INDIVIDUAL HAS VIOLATED A CONDITION OF A CONDITIONAL
RELEASE, THE COURT PROMPTLY SHALL:

(I)  NOTIFY THE DEPARTMENT; AND

(II)  NOTIFY THE STATE'S ATTORNEY AND PROVIDE
THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON WHO
REPORTED THE VIOLATION AND A COPY OF THE ORDER FOR CONDITIONAL
RELEASE.

(2)  IF THE DEPARTMENT RECEIVES A REPORT THAT ALLEGES
THAT A COMMITTED INDIVIDUAL HAS VIOLATED CONDITIONAL RELEASE, THE
DEPARTMENT SHALL: