About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

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Article - Criminal Procedure
§3–108.  
(a)    (1)   In addition to any other report required under this title, the Health Department shall report to the court that has ordered commitment of a defendant under § 3–106 of this title:
(i)   every 6 months from the date of commitment of the defendant; and
(ii)   whenever the Health Department determines that:
1.   the defendant no longer is incompetent to stand trial;
2.   the defendant no longer is, because of mental retardation or a mental disorder, a danger to self or the person or property of others; or
3.   there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.
(2)   The Department shall include a supplemental report that provides a plan for services to facilitate the defendant remaining competent to stand trial or not dangerous, as a result of mental retardation or a mental disorder, to self or the person or property of others, if:
(i)   a report required under this title states an opinion that the defendant is competent to stand trial or is not dangerous, as a result of mental retardation or a mental disorder, to self or the person or property of others; and
(ii)   services are necessary to maintain the defendant safely in the community, to maintain competency, or to restore competency.
(3)   If appropriate, the plan required in the report under paragraph (2) of this subsection shall include recommended:
(i)   mental health treatment, including providers of care;
(ii)   vocational, rehabilitative, or support services;
(iii)   housing;
(iv)   case management services;
(v)   alcohol or substance abuse treatment; and
(vi)   other clinical services.
(4)   If the report required under paragraph (2) of this subsection recommends community placement for the defendant, the report shall include:
(i)   the location of the recommended community placement;
(ii)   the names and addresses of the recommended service providers;
(iii)   a statement indicating if the service provider is willing and able to serve the defendant; and
(iv)   if available, the date of placement or service for the defendant.
(5)   If the plan required in the report under paragraph (2) of this subsection is for a defendant committed to a State residential center, the report shall state whether:
(i)   the defendant meets the requirements for commitment under § 3–106(d) of this title;
(ii)   the services required for the defendant may be provided in a less restrictive setting; and
(iii)   the defendant is eligible for services pursuant to § 7–404 of the Health – General Article.
(6)   If the report required under paragraph (2) of this subsection states an opinion that there is not a substantial likelihood that the defendant will become competent in the foreseeable future, the report shall contain an opinion regarding whether the defendant meets the criteria for commitment under § 3–106(d) of this title.
(7)   A statement made by the defendant in the course of any examination for a report under this section is not admissible as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.
(8)   A report prepared under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.
(b)   The clerk of court shall give the State’s Attorney and the last counsel of record for the defendant a copy of any report received under this section.
(c)   The facility of the Health Department that has charge of a person committed as incompetent to stand trial shall notify the Criminal Justice Information System Central Repository if the person escapes.