Ch. 312

1997 LAWS OF MARYLAND

Division or the Commission is carrying out any of their statutory duties either at the
direction of a court of competent jurisdiction, or when the Maryland Parole Commission
is carrying out any of its statutory duties, if the record concerns a charge or adjudication
of delinquency.

(e) This section does not prohibit access to and use of any juvenile record by the
Maryland Division of Correction when the Division is carrying out any of its statutory
duties if: (1) the individual to whom the record pertains is committed to the custody of
the Division; and (2) the record concerns an adjudication of delinquency.

(f) Subject to the provisions of Article 83C, § 2-115 of the Code, this section does
not prohibit access to or use of any juvenile record for criminal justice research purposes.
A record used under this subsection may not contain the name of the individual to whom
the record pertains, or any other identifying information which could reveal the
individual's name.

(G) THIS SECTION DOES NOT PROHIBIT A VICTIM WHO HAS FILED A
NOTIFICATION REQUEST FORM FROM BEING NOTIFIED OF PROCEEDINGS AND
EVENTS INVOLVING THE DEFENDANT OR CHILD AS PROVIDED IN ARTICLE 27, §§ 770
AND 788 THIS ARTICLE OR ARTICLE 27 OF THE CODE.

Article - Health - General

12-106.

(a) Whether or not the defendant is confined, if the court considers that resuming
the criminal proceeding would be unjust because so much time has passed since the
defendant was found incompetent to stand trial, the court may dismiss the charge.
However, the court may not dismiss a charge:

(1) WITHOUT PROVIDING THE STATE'S ATTORNEY AND A VICTIM WHO
HAS FILED A NOTIFICATION REQUEST FORM UNDER ARTICLE 27, § 770 OF THE CODE
ADVANCE NOTICE AND AN OPPORTUNITY TO BE HEARD; AND

[(1)] (2) (I) Until 10 years after the defendant was found incompetent to
stand trial in any capital case; or

[(2)] (II) Until 5 years after the defendant was found incompetent to stand
trial in any other case where the penalty may be imprisonment in the State penitentiary.

(b) [The court shall notify the central repository of the criminal justice
information system any time charges are dismissed under this section ] IF CHARGES ARE
DISMISSED UNDER THIS SECTION, THE COURT SHALL NOTIFY:

(1) THE VICTIM OF THE CRIME CHARGED WHO HAS FILED A
NOTIFICATION REQUEST FORM UNDER ARTICLE 27, § 770 OF THE CODE; AND

(2) THE CENTRAL REPOSITORY OF THE CRIMINAL JUSTICE
INFORMATION SYSTEM.

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