State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-3 > 3-122

§ 3-122. Application for change in conditional release.

(a)  In general.-  

(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. 

(b)  Burden of proof.- The burden of proof of any issue raised by the application for change in conditional release rests with the applicant. 

(c)  Court action.- 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; or 

(5) extend the conditional release by an additional term of 5 years. 

(d)  Reapplication.-  

(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. 

[HG § 12-121; 2001, ch. 10, § 2.]