§ 3-112. Not criminally responsible -- Commitment

   (a) In general. -- Except as provided in subsection (c) of this section, after a verdict of not criminally responsible, the court immediately shall commit the defendant to the Health Department for institutional inpatient care or treatment.

(b) Defendant with mental retardation. -- If the court commits a defendant who was found not criminally responsible primarily because of mental retardation, the Health Department shall designate a facility for mentally retarded persons for care and treatment of the committed person.

(c) Release. -- After a verdict of not criminally responsible, a court may order that a person be released, with or without conditions, instead of committed to the Health Department, but only if:

   (1) the court has available an evaluation report within 90 days preceding the verdict made by an evaluating facility designated by the Health Department;

   (2) the report indicates that the person would not be a danger, as a result of mental retardation or mental disorder, to self or to the person or property of others if released, with or without conditions; and

   (3) the person and the State's Attorney agree to the release and to any conditions for release that the court imposes.

(d) Notification of Central Repository. -- The court shall notify the Criminal Justice Information System Central Repository of each person it orders committed under this section.

HISTORY: HG § 12-111; 2001, ch. 10, § 2; 2008, ch. 36, § 6.