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§ 3-120. Conditional release request by Health Department

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, § 3-120
§ 3-120. Conditional release request by Health Department
Copies to committed person, committed person’s counsel, and State’s Attorney
(a)(1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person.
(2) The Health Department shall send a copy of the application for conditional release:
(i) to the committed person;
(ii) to counsel for the committed person; and
(iii) to the State's Attorney, by certified mail, return receipt requested.
Court orders
(b) Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with § 3-114 of this title for:
(1) continued commitment; or
(2) conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department.
Applications for revocation, change, or extension of conditional release
(c) If the court orders a conditional release of the committed person under this section, the committed person, the State's Attorney, or the Health Department may apply for a revocation, change, or extension under § 3-122 of this title.
(d)(1) An appeal from a District Court order shall be on the record in 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, § 3-120, MD CRIM PROC § 3-120
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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