(a) Within 30 days after the court receives the report of recommendations from the Office:
(1) the court on its own initiative may hold a hearing; or
(2) if timely exceptions are filed, or if the court requires more information, the court shall hold a hearing unless the committed person and the State’s Attorney waive the hearing.
(b) (1) The court shall hold the hearing on the record that was made before the Office.
(2) At the judicial hearing, the committed person is entitled to be present and to be represented by counsel.
(3) The court may continue its hearing and remand for the Office to take additional evidence.
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