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§ 3-122. Application for change in conditional release

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, § 3-122
§ 3-122. Application for change in conditional release
Application by Health Department, State’s Attorney, or committed person
(a)(1) An application to the court for a change in conditional release of a committed person may be made by:
(i) the Health Department or the State's Attorney at any time; or
(ii) the committed person not earlier than 6 months after the court ordered the conditional release, unless the court for good cause permits an earlier application.
(2) The applicant for a change in conditional release shall notify the court and other parties, in writing, of the application and the reasons for the requested change.
Burden of proof
(b) The burden of proof of any issue raised by the application for change in conditional release rests with the applicant.
Actions upon consideration of application and evidence
(c) After the court considers the application for change in conditional release and the evidence, in accordance with § 3-114 of this title, the court shall:
(1) change the conditions;
(2) impose appropriate additional conditions;
(3) revoke the conditional release;
(4) continue the present conditions of release; or
(5) extend the conditional release by an additional term of 5 years.
Reapplication for change in conditional release
(d)(1) Not earlier than 1 year after the court action on the application for change filed by the committed person, and not more than once a year thereafter, a committed person may reapply for a change in conditional release.
(2) Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may apply for a change in conditional release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
MD Code, Criminal Procedure, § 3-122, MD CRIM PROC § 3-122
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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