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§ 3-118. Court action on report of Office

West's Annotated Code of MarylandCriminal ProcedureEffective: December 14, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 3. Incompetency and Criminal Responsibility in Criminal Cases (Refs & Annos)
Effective: December 14, 2022
MD Code, Criminal Procedure, § 3-118
§ 3-118. Court action on report of Office
Order for continued commitment, conditional release, or discharge
(a) Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with § 3-114 of this title, and enter an appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering:
(1) continued commitment;
(2) conditional release; or
(3) discharge from commitment.
Review of report of recommendations from the Office
(b)(1) If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office.
(2) A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived.
Limits to continuation of conditional release
(c) Unless the conditional release is extended under § 3-122 of this title, the court may not continue the conditions of a conditional release for more than 5 years.
Notice of conditional release order or discharge
(d) The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.
(e)(1) An appeal from a District Court order shall be on the record in the circuit court.
(2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.


Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2023, c. 49, § 6.
MD Code, Criminal Procedure, § 3-118, MD CRIM PROC § 3-118
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.
End of Document