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§ 3-116. Report of recommendations from Office

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 3. Incompetency and Criminal Responsibility in Criminal Cases (Refs & Annos)
MD Code, Criminal Procedure, § 3-116
§ 3-116. Report of recommendations from Office
Contents of report
(a) Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains:
(1) a summary of the evidence presented at the hearing;
(2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and
(3) if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section.
Recommendations from facility with charge of committed person
(b) In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person.
Copies of report of recommendations
(c) The Office shall send copies of the report of recommendations:
(1) to the committed person;
(2) to counsel for the committed person;
(3) to the State's Attorney;
(4) to the court; and
(5) to the facility of the Health Department that has charge of the committed person.
Exceptions to report
(d) The committed person, the State's Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.


Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
MD Code, Criminal Procedure, § 3-116, MD CRIM PROC § 3-116
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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