State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-3 > 3-114

§ 3-114. Eligibility for release.
 

(a)  In general.- A committed person may be released under the provisions of this section and §§ 3-115 through 3-122 of this title. 

(b)  Discharge.- 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)  Conditional release.- 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)  Burden of proof.- 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. 
 

[HG § 12-113; 2001, ch. 10, § 2.]