2692

LAWS OF MARYLAND

Ch. 501

New procedures are established in the balance of this
section to provide for court review and court action on the
hearing officer's determination report as to revocation of
the conditional release. A new provision provides the right
of appeal from a court order.

Subsection (j) of this section is a new provision added for
consistency with the recommendation of the Task Force to
record and track in the central criminal information
computer, information about individuals found not criminally
responsible.

12-121. APPLICATION FOR CHANGE IN CONDITIONAL RELEASE.

(A) IN GENERAL.

(1) AN APPLICATION TO THE COURT FOR A CHANGE IN
CONDITIONAL RELEASE OF A COMMITTED INDIVIDUAL MAY BE MADE:

AT ANY TIME; OR

(I) BY THE DEPARTMENT OR THE STATE'S ATTORNEY

(II) BY THE COMMITTED INDIVIDUAL NOT EARLIER
THAN 6 MONTHS AFTER THE COURT ORDERED THE CONDITIONAL RELEASE,
UNLESS THE COURT FOR GOOD CAUSE PERMITS AN EARLIER APPLICATION.

(2) THE APPLICANT FOR A CHANGE IN CONDITIONAL RELEASE
SHALL NOTIFY THE COURT AND OTHER PARTIES, IN WRITING, OF THE
APPLICATION AND THE REASONS FOR THE REQUESTED CHANGE.

(B)  BURDEN OF PROOF.

THE BURDEN OF PROOF OF ANY ISSUE RAISED BY THE APPLICATION
FOR CHANGE IN CONDITIONAL RELEASE RESTS WITH THE APPLICANT.

(C)  COURT ACTION ON APPLICATION.

AFTER THE COURT CONSIDERS THE APPLICATION FOR CHANGE IN
CONDITIONAL RELEASE AND THE EVIDENCE, IN ACCORDANCE WITH § 12-113
OF THIS TITLE, THE COURT SHALL:

(1)  CHANGE THE CONDITIONS;

(2)  IMPOSE APPROPRIATE ADDITIONAL CONDITIONS;

(3)  REVOKE THE CONDITIONAL RELEASE;

(4)  CONTINUE THE PRESENT CONDITIONS OF RELEASE; OR

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

(D)  SUBSEQUENT APPLICATION FOR CHANGE.