PARRIS N. GLENDENING, Governor                             Ch. 110

(2) (i) "Incompetent" means the state of mind of an inmate who, as a
result of a mental disorder or mental retardation, lacks awareness:

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) 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)     (I) The petition shall be filed in the circuit court of the county in
which the inmate is confined.

(II) UPON THE FILING OF SUCH A PETITION, THE COURT MAY IN
ITS DISCRETION STAY ANY WARRANT OF EXECUTION THAT WAS PREVIOUSLY
ISSUED AND HAS NOT YET EXPIRED.

(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, 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 and timely made.

- 1477 -