HARRY HUGHES, Governor

2693

(1)  NOT EARLIER THAN 1 YEAR AFTER THE COURT ACTION ON
THE APPLICATION FOR CHANGE FILED BY THE COMMITTED INDIVIDUAL, AND
NOT MORE THAN ONCE A YEAR THEREAFTER, A COMMITTED INDIVIDUAL MAY
REAPPLY FOR A CHANGE. IN CONDITIONAL RELEASE.

(2)  NOTWITHSTANDING THE TIME RESTRICTIONS IN
PARAGRAPH (1) OF THIS SUBSECTION, A COMMITTED INDIVIDUAL MAY
APPLY FOR A CHANGE IN CONDITIONAL RELEASE AT ANY TIME IF THE
APPLICATION IS ACCOMPANIED BY AN AFFIDAVIT OF A PHYSICIAN OR
LICENSED PSYCHOLOGIST THAT STATES AN IMPROVEMENT IN THE MENTAL
CONDITION OF THE COMMITTED INDIVIDUAL.

TASK FORCE COMMENT TO § 12-121.

This section replaces former Health - General Article, §
12-115(f). Changes recommended by the Governor's Task Force
to Review the Defense of Insanity are as follows.

In subsection (a)(l)(ii) of this section, the restriction is
retained that the committed individual may not apply earlier
than 6 months after commencement of a conditional release;
however, a new provision permits earlier application if the
court approves.

Subsection (b) of this section is a new provision added to
clarify that the burden of proof rests with the applicant.

In subsection (c) of this section, the phrase "court shall"
is substituted for "court may" to clarify that the court is
required to take one of the 5 specified actions if an
application is appropriately made.

The provision that the court may "extend the conditional
release by an additional term of 5 years" is added to
clarify that the court may extend the conditional release.

In subsection (d)(2) of this section, the affidavit that
accompanies an application for change that does not conform
to the 1 year restriction must be made by a physician or
licensed psychologist. This conforms to changes made to the
qualified affidavit in similar provisions. See § 12-118 and
its Task Force Comment.

Article 27 - Crimes and Punishments

139. Escaping from penitentiary, jail, reformatory, etc., or
from Drug Abuse Administration; expenses incurred in return;
aiding escape.

(a) (1) If any individual who is legally detained in the
State penitentiary or a jail, house of correction, reformatory,
station house, or other place of confinement in this State or who
is committed to the Drug Abuse Administration for examination or
inpatient treatment escapes, the individual is guilty of a felony
and on conviction by the circuit court for the county in which