State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-3 > 3-120

§ 3-120. Conditional release request by Health Department.

(a)  In general.-  

(1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person. 

(2) The Health Department shall send a copy of the application for conditional release: 

(i) to the committed person; 

(ii) to counsel for the committed person; and 

(iii) to the State's Attorney, by certified mail, return receipt requested. 

(b)  Court action.- Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with § 3-114 of this title for: 

(1) continued commitment; or 

(2) conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department. 

(c)  Application for change in conditional release.- If the court orders a conditional release of the committed person under this section, the committed person, the State's Attorney, or the Health Department may apply for a revocation, change, or extension under § 3-122 of this title. 

(d)  Appeals.-  

(1) An appeal from a District Court order shall be on the record in 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 § 12-119; 2001, ch. 10, § 2.]