§ 3-120. Conditional release request by Health Department

   (a) In general. --

   (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.

(b) Court action. -- 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.

(c) Application for change in conditional release. -- 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) Appeals. --

   (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 Court of Special Appeals.

HISTORY: HG § 12-119; 2001, ch. 10, § 2.