State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-3 > 3-118

§ 3-118. Court action on report of Office.

(a)  In general.- Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with § 3-114 of this title, and enter an appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering: 

(1) continued commitment; 

(2) conditional release; or 

(3) discharge from commitment. 

(b)  Order without hearing.-  

(1) If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office. 

(2) A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived. 

(c)  Limitation on conditions of release.- Unless the conditional release is extended under § 3-122 of this title, the court may not continue the conditions of a conditional release for more than 5 years. 

(d)  Notification of Central Repository.- The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person. 

(e)  Appeals.-  

(1) An appeal from a District Court order shall be on the record in the circuit court. 

(2) An appeal from a circuit court order shall be by application for leave to appeal to the Court of Special Appeals. 

[HG § 12-117; 2001, ch. 10, § 2.]