(a) Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains:
(1) a summary of the evidence presented at the hearing;
(2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and
(3) if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section.
(b) In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person.
(c) The Office shall send copies of the report of recommendations:
(1) to the committed person;
(2) to counsel for the committed person;
(3) to the State’s Attorney;
(4) to the court; and
(5) to the facility of the Health Department that has charge of the committed person.
(d) The committed person, the State’s Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.
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