Ch. 418

LAWS OF MARYLAND

OR, IF THE, PUBLIC DEFENDER FOR GOOD CAUSE DECLINES
REPRESENTATION, OTHER COUNSEL TO REPRESENT THE INMATE IN THE
PROCEEDING.

(6)  UNLESS THE STATE STIPULATES TO THE INMATE'S
INCOMPETENCE, IT SHALL CAUSE THE INMATE TO BE EXAMINED AND
EVALUATED BY ONE OR MORE PSYCHIATRISTS OF ITS CHOOSING.

(7)  THE INMATE IS ENTITLED TO BE INDEPENDENTLY
EXAMINED BY A PSYCHIATRIST OF THE INMATE'S CHOOSING, PROVIDED THE
REQUEST IS REASONABLE ANY TIMELY MADE.

(8)  UNLESS, WITH THE COURT'S APPROVAL, THE PARTIES
WAIVE A HEARING, THE ADMINISTRATIVE JUDGE OF THE COURT SHALL
DESIGNATE A TIME FOR AN EVIDENTIARY HEARING TO DETERMINE THE
INMATE'S COMPETENCE. THE HEARING SHALL BE HELD WITHOUT A JURY IN
COURT, AT THE PLACE WHERE THE INMATE IS CONFINED, OR AT ANY OTHER
CONVENIENT PLACE.

(9)  AT THE HEARING, THE INMATE:

(I)    SUBJECT TO THE REASONABLE RESTRICTIONS
RELATED TO THE INMATE'S CONDITION, HAS THE RIGHT TO BE PRESENT;

(II)  HAS THE RIGHT THROUGH COUNSEL TO OFFER
EVIDENCE, CROSS-EXAMINE WITNESSES AGAINST THE INMATE, AND MAKE
ARGUMENT; AND

(III) HAS THE BURDEN OF ESTABLISHING
INCOMPETENCE BY A PREPONDERANCE OF THE EVIDENCE.

(D) (1) THE COURT SHALL ENTER AN ORDER DECLARING THE INMATE
TO BE COMPETENT OR INCOMPETENT AND STATING THE FINDINGS ON WHICH
THE CONCLUSION IS BASED.

(2)  IF THE COURT FINDS THE INMATE TO BE COMPETENT AND
HAS PREVIOUSLY REVOKED THE WARRANT TO EXECUTE THE DEATH SENTENCE
PURSUANT TO § 75(A), IT SHALL NOTIFY THE COURT IN WHICH THE
SENTENCE OF DEATH WAS IMPOSED TO ISSUE A NEW WARRANT FOR
EXECUTION.

(3)  IF THE COURT FINDS THE INMATE TO BE INCOMPETENT
IT SHALL REVOKE THE WARRANT TO EXECUTE THE DEATH SENTENCE AND
REMAND THE CASE TO THE COURT IN WHICH THE SENTENCE OF DEATH WAS
IMPOSED, WHICH SHALL STRIKE THE SENTENCE OF DEATH AND ENTER IN
ITS PLACE A SENTENCE OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY
OF PAROLE. THE SENTENCE SHALL BE MANDATORY AND MAY NOT BE
SUSPENDED, IN WHOLE OR IN PART, NOTWITHSTANDING ANY LAW TO THE
CONTRARY.

              (4) THERE IS NO RIGHT OF APPEAL FROM THE COURT'S
ORDER. HOWEVER, EITHER PARTY MAY SEEK REVIEW IN THE COURT OF

- 2108 -