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§ 3-8A-17.4. Competency hearing

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-8A-17.4
§ 3-8A-17.4. Competency hearing
Deadline for competency hearing
(a)(1) Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.
(2) On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.
Competency determination by court
(b) At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed.
Findings of fact
(c) Findings of fact shall be based on the evaluation of the child by the qualified expert.
Burden of proof
(d) The State shall bear the burden of proving the child's competency beyond a reasonable doubt.


Added by Acts 2005, c. 580, § 1, eff. Dec. 31, 2005. Amended by Acts 2006, c. 387, § 1, eff. Oct. 1, 2006.
MD Code, Courts and Judicial Proceedings, § 3-8A-17.4, MD CTS & JUD PRO § 3-8A-17.4
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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