WILLIAM DONALD SCHAEFER, Governor Ch. 418

(2) (I) "INCOMPETENT" MEANS THE STATE OF MIND OF AN
INMATE WHO, AS A RESULT OF A MENTAL DISORDER OR MENTAL
RETARDATION, LACKS AWARENESS THAT:

1. HE OR SHE IS SCHEDULED TO BE

EXECUTED;:

1.  OF THE FACT OF HIS OR HER IMPENDING
EXECUTION; AND

2.  HE OR SHE IS TO BE EXECUTED FOR THE
CRIME OF MURDER.

(II) "INCOMPETENT" DOES NOT INCLUDE AN INMATE
WHOSE AN INMATE IS NOT INCOMPETENT MERELY BECAUSE HIS OR HER
COMPETENCE IS DEPENDENT UPON CONTINUING TREATMENT, INCLUDING THE
USE OF MEDICATION.

(B)  THE STATE MAY NOT EXECUTE THE DEATH SENTENCE AGAINST AN
INMATE WHO HAS BECOME INCOMPETENT.

(C)  (1) THE FOLLOWING INDIVIDUALS MAY FILE A PETITION
ALLEGING THAT AN INMATE IS INCOMPETENT AND SEEKING TO REVOKE THE
WARRANT TO EXECUTE THE DEATH SENTENCE AGAINST THE INMATE:

(I)  THE INMATE;

(II)  IF THE INMATE IS REPRESENTED BY COUNSEL,
COUNSEL FOR THE INMATE; OR

(III)  IF THE INMATE IS NOT REPRESENTED BY
COUNSEL, ANY OTHER PERSON ON THE INMATE'S BEHALF.

(2)  THE PETITION SHALL BE FILED IN THE CIRCUIT COURT
OF THE COUNTY IN WHICH THE INMATE IS CONFINED.

(3)  THE PETITION MUST BE ACCOMPANIED BY AN AFFIDAVIT
OF AT LEAST ONE PSYCHIATRIST, BASED, AT LEAST IN PART, ON
PERSONAL EXAMINATION, ATTESTING:

(I)  THAT, IN THE PSYCHIATRIST'S MEDICAL
OPINION, THE INMATE IS INCOMPETENT; AND

(II)  THE PERTINENT FACTS ON WHICH THE OPINION
IS BASED.

(4)  A COPY OF THE PETITION SHALL BE SERVED ON THE
ATTORNEY GENERAL AND THE OFFICE OF THE STATE'S ATTORNEY WHO
PROSECUTED THE INMATE, IN ACCORDANCE WITH THE SERVICE
REQUIREMENTS OF THE MARYLAND RULES.

(5)  UNLESS THE INMATE IS ALREADY REPRESENTED BY
COUNSEL, THE COURT SHALL PROMPTLY APPOINT THE PUBLIC DEFENDER,

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