(a) A committed person may be released under the provisions of this section and §§ 3–115 through 3–122 of this title.
(b) A committed person is eligible for discharge from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if discharged.
(c) A committed person is eligible for conditional release from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if released from confinement with conditions imposed by the court.
(d) To be released, a committed person has the burden to establish by a preponderance of the evidence eligibility for discharge or eligibility for conditional release.
Structure Maryland Statutes
Title 3 - Incompetency and Criminal Responsibility in Criminal Cases
Section 3-102 - Secretary to Adopt Regulations
Section 3-103 - Interpreters for Proceedings
Section 3-104 - Court to Determine Competence
Section 3-105 - Examination of Defendant by Health Department
Section 3-106 - Finding of Incompetency
Section 3-107 - Dismissal of Charges
Section 3-108 - Reports on Incompetent Persons
Section 3-109 - Test for Criminal Responsibility
Section 3-110 - Not Criminally Responsible -- Plea and Verdict
Section 3-111 - Not Criminally Responsible -- Examination
Section 3-112 - Not Criminally Responsible -- Commitment
Section 3-113 - Report on Committed Persons
Section 3-114 - Eligibility for Release
Section 3-115 - Release Hearing
Section 3-116 - Report of Office
Section 3-117 - Court Review of Report of Office
Section 3-118 - Court Action on Report of Office
Section 3-119 - Application for Release
Section 3-120 - Conditional Release Request by Health Department
Section 3-121 - Allegations of Violations of Conditional Release
Section 3-122 - Application for Change in Conditional Release