§ 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.
§ 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.
§ 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.
