§ 3-106. Finding of incompetency

   (a) Release. -- If, after a hearing, the court finds that the defendant is incompetent to stand trial but is not dangerous, as a result of a mental disorder or mental retardation, to self or the person or property of others, the court may set bail for the defendant or authorize release of the defendant on recognizance.

(b) Commitment. --

   (1) If, after a hearing, the court finds that the defendant is incompetent to stand trial and, because of mental retardation or a mental disorder, is a danger to self or the person or property of another, the court may order the defendant committed to the facility that the Health Department designates until the court finds that:

      (i) the defendant no longer is incompetent to stand trial;

      (ii) the defendant no longer is, because of mental retardation or a mental disorder, a danger to self or the person or property of others; or

      (iii) there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.

   (2) If a court commits the defendant because of mental retardation, the Health Department shall require the Developmental Disabilities Administration to provide the care or treatment that the defendant needs.

(c) Reconsideration. --

   (1) To determine whether the defendant continues to meet the criteria for commitment set forth in subsection (b) of this section, the court shall hold a hearing:

      (i) every year from the date of commitment;

      (ii) within 30 days after the filing of a motion by the State's Attorney or counsel for the defendant setting forth new facts or circumstances relevant to the determination; and

      (iii) within 30 days after receiving a report from the Health Department stating opinions, facts, or circumstances that have not been previously presented to the court and are relevant to the determination.

   (2) At any time, and on its own initiative, the court may hold a conference or a hearing on the record with the State's Attorney and the counsel of record for the defendant to review the status of the case.

(d) Reconsideration -- Finding defendant not likely to become competent. -- At a competency hearing under subsection (c) of this section, if the court finds that the defendant is incompetent and is not likely to become competent in the foreseeable future, the court shall:

   (1) civilly commit the defendant as an inpatient in a medical facility that the Health Department designates provided the court finds by clear and convincing evidence that:

      (i) the defendant has a mental disorder;

      (ii) inpatient care is necessary for the defendant;

      (iii) the defendant presents a danger to the life or safety of self or others;

      (iv) the defendant is unable or unwilling to be voluntarily committed to a medical facility; and

      (v) there is no less restrictive form of intervention that is consistent with the welfare and safety of the defendant; or

   (2) order the confinement of the defendant for 21 days as a resident in a Developmental Disabilities Administration facility for the initiation of admission proceedings under § 7-503 of the Health - General Article provided the court finds that the defendant, because of mental retardation, is a danger to self or others.

(e) Applicability of Title 10 of the Health - General Article to civil commitment. -- The provisions under Title 10 of the Health - General Article shall apply to the continued retention of a defendant civilly committed under subsection (d) of this section.

(f) Periodic hearings where defendant found incompetent to stand trial but not dangerous. --

   (1) For a defendant who has been found incompetent to stand trial but not dangerous, as a result of a mental disorder or mental retardation, to self or the person or property of others, and released on bail or on recognizance, the court:

      (i) shall hold a hearing annually from the date of release;

      (ii) may hold a hearing, at any time, on its own initiative; or

      (iii) shall hold a hearing, at any time, upon motion of the State's Attorney or the counsel for the defendant.

   (2) At a hearing under paragraph (1) of this subsection, the court shall reconsider whether the defendant remains incompetent to stand trial or a danger to self or the person or property of another because of mental retardation or a mental disorder.

   (3) At a hearing under paragraph (1) of this subsection, the court may modify or impose additional conditions of release on the defendant.

   (4) If the court finds, at a hearing under paragraph (1) of this subsection, that the defendant is incompetent and is not likely to become competent in the foreseeable future and is a danger to self or the person or property of another because of mental retardation or a mental disorder, the court shall revoke the pretrial release of the defendant and:

      (i) civilly commit the defendant in accordance with paragraph (1) of subsection (d) of this section; or

      (ii) order confinement of the defendant in accordance with subsection (d)(2) of this section.

(g) Other legal questions. -- If the defendant is found incompetent to stand trial, defense counsel may make any legal objection to the prosecution that may be determined fairly before trial and without the personal participation of the defendant.

(h) Inclusion in Central Repository. -- The court shall notify the Criminal Justice Information System Central Repository of any commitment ordered or release authorized under this section and of any determination that a defendant is no longer incompetent to stand trial.

HISTORY: HG § 12-105(a), (b)(1), (2), (c), (d), (e); 2001, ch. 10, § 2; 2006, ch. 353; 2013, ch. 156, § 3.