2688

LAWS OF MARYLAND

Ch. 501

(I)  NOTIFY THE COURT AND THE STATE'S ATTORNEY;
AND

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

(C)  PETITION FOR REVOCATION OR MODIFICATION -- CONTENT.

THE PETITION FOR REVOCATION OR MODIFICATION OF A CONDITIONAL
RELEASE SHALL CONTAIN:

(1)  A STATEMENT THAT THE COMMITTED INDIVIDUAL HAS
VIOLATED A TERM OF A CONDITIONAL RELEASE AND THAT THERE IS
THEREFORE REASON TO BELIEVE THAT THE COMMITTED INDIVIDUAL NO
LONGER MEETS THE CRITERIA FOR ELIGIBILITY FOR CONDITIONAL
RELEASE;

(2)  A STATEMENT OF THE CONDITIONS VIOLATED;

(3)  THE FACTUAL BASIS FOR THE STATEMENTS IN ITEMS (1)
AND (2) OF THIS SUBSECTION;

(4)  THE MOST RECENT EVALUATION REPORT ON THE
COMMITTED INDIVIDUAL; AND

(5)  THE DEPARTMENT'S DESIGNATION OF THE FACILITY TO
RECEIVE THE RETURNED COMMITTED INDIVIDUAL.

(D)  JUDICIAL DETERMINATION -- NO PROBABLE CAUSE.

IF THE COURT'S REVIEW OF THE PETITION DETERMINES THAT THERE
IS NO PROBABLE CAUSE TO BELIEVE THAT THE COMMITTED INDIVIDUAL HAS
VIOLATED A CONDITIONAL RELEASE, THE COURT SHALL:

(1)  NOTE THE DETERMINATION ON THE PETITION AND FILE
IT IN THE COURT FILE ON THE COMMITTED INDIVIDUAL; AND

(2)  NOTIFY THE STATE'S ATTORNEY, THE DEPARTMENT, AND
THE PERSON WHO REPORTED THE VIOLATION.

(E)  SAME -- PROBABLE CAUSE.

IF THE COURT'S REVIEW OF THE PETITION DETERMINES THAT THERE
IS PROBABLE CAUSE TO BELIEVE THAT THE COMMITTED INDIVIDUAL HAS
VIOLATED A CONDITIONAL RELEASE, THE COURT PROMPTLY SHALL:

(1)  ISSUE A BODY ATTACHMENT FOR THE COMMITTED
INDIVIDUAL AND DIRECT THAT ON ATTACHMENT THE COMMITTED INDIVIDUAL
SHALL BE TRANSPORTED TO THE FACILITY DESIGNATED BY THE
DEPARTMENT; AND

(2)  SEND A COPY OF THE ORDER FOR BODY ATTACHMENT AND
THE PETITION TO: