§ 3-122
377 words·~2 min read·
/md/criminal-procedure/3-122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–122.
(1)An application to the court for a change in conditional release of a committed person may be made by:
(i)the Health Department or the State’s Attorney at any time; or
(ii)the committed person not earlier than 6 months after the court ordered the conditional release, unless the court for good cause permits an earlier application.
(2)The applicant for a change in conditional release shall notify the court and other parties, in writing, of the application and the reasons for the requested change.
(3)On request by any party, the court shall hold a hearing after an application is made under this subsection to determine whether the applicant has satisfied the requirements for release under § 3–114 of this title.
(b)The applicant has the burden to establish, by a preponderance of the evidence, any issue raised in an application for change in conditional release under subsection
(a)of this section.
(c)On written request by the State’s Attorney, the committed person, or counsel of record for the committed person, the Health Department shall provide all reports, assessments, evaluations, and similar documents concerning the committed person prepared or conducted by, for, or at the direction of the Health Department during the period of the committed person’s commitment or conditional release.
(d)After the court considers the application for change in conditional release and the evidence, in accordance with § 3–114 of this title, the court shall:
(1)change the conditions;
(2)impose appropriate additional conditions;
(3)revoke the conditional release;
(4)continue the present conditions of release;
(5)extend the conditional release by an additional term not exceeding 5 years;
(6)shorten the conditional release; or
(7)terminate the conditional release.
(1)Not earlier than 1 year after the court action on the application for change filed by the committed person, and not more than once a year thereafter, a committed person may reapply for a change in conditional release.
(2)Notwithstanding the time restrictions in paragraph
(1)of this subsection, a committed person may apply for a change in conditional release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person.