2690

LAWS OF MARYLAND

Ch. 501

(II) SEND COPIES OF THE REPORT TO THE COMMITTED
INDIVIDUAL, COUNSEL FOR THE COMMITTED INDIVIDUAL, THE STATE'S
ATTORNEY, AND THE DEPARTMENT.

(2) WITHIN 5 DAYS AFTER RECEIPT OF THE HEARING
OFFICER'S REPORT, THE COMMITTED INDIVIDUAL, THE STATE'S ATTORNEY,
OR THE DEPARTMENT MAY FILE EXCEPTIONS TO THE DETERMINATION OF THE
HEARING OFFICER.

(I) COURT ACTION.

AFTER THE COURT CONSIDERS THE HEARING OFFICER'S REPORT, THE
EVIDENCE, AND ANY EXCEPTIONS FILED, WITHIN 10 DAYS AFTER THE
COURT RECEIVES THE REPORT, THE COURT SHALL:

(1)  REVOKE THE CONDITIONAL RELEASE AND ORDER THE
COMMITTED INDIVIDUAL RETURNED TO THE FACILITY DESIGNATED BY THE
DEPARTMENT;

(2)  MODIFY THE CONDITIONAL RELEASE AS REQUIRED BY THE
EVIDENCE;

(3)  CONTINUE THE PRESENT CONDITIONS OF RELEASE; OR

(4)  EXTEND THE CONDITIONAL RELEASE BY AN ADDITIONAL
TERM OF 5 YEARS.

(J) INCLUSION IN CENTRAL COMPUTER DATA.

THE COURT SHALL NOTIFY THE CENTRAL REPOSITORY OF THE
CRIMINAL JUSTICE INFORMATION SYSTEM OF ANY REVOCATION IT ORDERS
UNDER THIS SECTION.

(K) 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 § 12-120.

This section replaces Health - General Article, § 12-115.
The Governor's Task Force to Review the Defense of Insanity
recommends the following changes.

Subsections (a)(1) and (b) of this section are new
provisions to establish procedure in the event a report
alleging violation of a conditional release is received by
the State's Attorney or the Department instead of the court,
as formerly provided.