reglab/housing_qa huggingface dataset:
MD. Criminal Procedure Code Ann. §  3-111 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-111 - Not Criminally Responsible -- Examination

    (a)    If a defendant has entered a plea of not criminally responsible, the court may order the Health Department to examine the defendant to determine whether the defendant was not criminally responsible under § 3-109 of this title and whether the defendant is competent to stand trial.    (b)    (1)    If a defendant is to be held in custody for examination under this section, the defendant shall be confined in a correctional facility until the Health Department can do the examination. If the court finds it appropriate for the health or safety of the defendant, the court may order confinement:            (i)    in a medical wing or other isolated and secure unit of the correctional facility; or            (ii)    if a medical wing or other secure unit is not available, in a medical facility that the Secretary of the Health Department designates as appropriate.        (2)    (i)    When the Health Department can do the examination, a court unit shall take the defendant to the evaluation facility that the Health Department designates.            (ii)    After the examination, unless the Health Department retains the defendant, a court unit shall return the defendant to the place of confinement.    (c)    If a court orders an examination under this section:        (1)    the Health Department shall:            (i)    examine the defendant; and            (ii)    send a report of its opinions to the court, the State’s Attorney, the defendant, and the defense counsel;        (2)    the defendant is entitled to have the report within 60 days after the court orders the examination. However, failure of the Health Department to send the complete report within that time is not, of itself, grounds for dismissal of the charges; and        (3)    for good cause shown, the court may extend the time for examination or order an additional examination.
MD. Criminal Procedure Code Ann. §  3-113 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-113 - Report on Committed Persons

    (a)    (1)    Within 10 days after commitment of a person under § 3-112 of this title, the facility that receives the committed person shall send to the Health Department an admission report on the committed person.        (2)    The report shall contain the information and be on the form that the Health Department requires.    (b)    (1)    The facility of the Health Department that has charge of the committed person shall notify the State’s Attorney any time a committed person:            (i)    is transferred;            (ii)    is approved for temporary leaves of more than 24 hours; or            (iii)    is absent without authorization.        (2)    For information purposes, a copy of this notice shall be sent for inclusion in the court file and to counsel for the committed person.    (c)    The facility of the Health Department that has charge of a committed person shall notify the Criminal Justice Information System Central Repository if the committed person escapes.
MD. Criminal Procedure Code Ann. §  3-114 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-114 - Eligibility for Release

    (a)    A committed person may be released under the provisions of this section and §§ 3–115 through 3–122 of this title.    (b)    A committed person is eligible for discharge from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if discharged.    (c)    A committed person is eligible for conditional release from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if released from confinement with conditions imposed by the court.    (d)    To be released, a committed person has the burden to establish by a preponderance of the evidence eligibility for discharge or eligibility for conditional release.
MD. Criminal Procedure Code Ann. §  3-115 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-115 - Release Hearing

    (a)    Within 50 days after commitment to the Health Department under § 3-112 of this title, a hearing officer of the Health Department shall hold a hearing to consider any relevant information that will enable the hearing officer to make recommendations to the court as to whether the committed person is eligible for release under § 3-114 of this title.    (b)    (1)    The release hearing may be postponed for good cause or by agreement of the committed person and the Health Department.        (2)    The committed person may waive the release hearing.    (c)    (1)    Unless the Health Department has completed an examination and report during the 90 days preceding the release hearing, at least 7 days before the release hearing is scheduled, the Health Department shall complete an examination and evaluation of the committed person.        (2)    Whether or not the release hearing is waived, the Health Department shall send a copy of the evaluation report:            (i)    to the committed person;            (ii)    to counsel for the committed person;            (iii)    to the State’s Attorney; and            (iv)    to the Office of Administrative Hearings.    (d)    (1)    The Health Department shall send notice of the release hearing to:            (i)    the committed person;            (ii)    counsel for the committed person; and            (iii)    the State’s Attorney.        (2)    The Office shall issue any appropriate subpoena for any person or evidence. The court may compel obedience to the subpoena.    (e)    (1)    Formal rules of evidence do not apply to the release hearing, and the Office may admit and consider any relevant evidence.        (2)    The hearing shall be recorded, but the recording need not be transcribed unless requested. The requesting party shall pay the costs of the transcript and, if exceptions have been filed, provide copies to other parties and the court. If the court orders a transcript, the court shall pay the costs of the transcript.        (3)    Any record that relates to evaluation or treatment of the committed person by this State shall be made available, on request, to the committed person or counsel for the committed person.        (4)    The Health Department shall present the evaluation report on the committed person and any other relevant evidence.        (5)    At the release hearing, the committed person is entitled:            (i)    to be present, to offer evidence, and to cross-examine adverse witnesses; and            (ii)    to be represented by counsel, including, if the committed person is indigent, the Public Defender or a designee of the Public Defender.        (6)    At the release hearing, the State’s Attorney and the Health Department are entitled to be present, to offer evidence, and to cross-examine witnesses.
MD. Criminal Procedure Code Ann. §  3-116 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-116 - Report of Office

    (a)    Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains:        (1)    a summary of the evidence presented at the hearing;        (2)    recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and        (3)    if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section.    (b)    In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person.    (c)    The Office shall send copies of the report of recommendations:        (1)    to the committed person;        (2)    to counsel for the committed person;        (3)    to the State’s Attorney;        (4)    to the court; and        (5)    to the facility of the Health Department that has charge of the committed person.    (d)    The committed person, the State’s Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.
MD. Criminal Procedure Code Ann. §  3-117 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-117 - Court Review of Report of Office

    (a)    Within 30 days after the court receives the report of recommendations from the Office:        (1)    the court on its own initiative may hold a hearing; or        (2)    if timely exceptions are filed, or if the court requires more information, the court shall hold a hearing unless the committed person and the State’s Attorney waive the hearing.    (b)    (1)    The court shall hold the hearing on the record that was made before the Office.        (2)    At the judicial hearing, the committed person is entitled to be present and to be represented by counsel.        (3)    The court may continue its hearing and remand for the Office to take additional evidence.
MD. Criminal Procedure Code Ann. §  3-118 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-118 - Court Action on Report of Office

    (a)    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)    (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)    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)    The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.    (e)    (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.
MD. Criminal Procedure Code Ann. §  3-119 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-119 - Application for Release

    (a)    (1)    Not earlier than 1 year after the initial release hearing ends or was waived, and not more than once a year thereafter, a committed person may apply for release under either subsection (b) or (c) of this section, but not both.        (2)    Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may file an application for 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 since the last hearing.    (b)    (1)    To apply for release under this subsection, the committed person shall file an application for release with the Health Department and notify the court and State’s Attorney, in writing, of this request.        (2)    The provisions of this title governing administrative hearing and judicial determination of eligibility for release apply to any application for release under this subsection.    (c)    (1)    To apply for release under this subsection, the committed person shall file a petition for release with the court that ordered commitment.        (2)    The committed person shall send a copy of the petition for release to the Health Department and the State’s Attorney.        (3)    If the committed person requests a trial by jury, the trial shall be held in a circuit court with a jury as in a civil action at law.        (4)    The trier of fact shall:            (i)    determine whether the committed person has proved eligibility for release by a preponderance of the evidence; and            (ii)    render a verdict for:                1.    continued commitment;                2.    conditional release; or                3.    discharge from commitment.        (5)    If the trier of fact renders a verdict for conditional release, within 30 days after the verdict, the court shall release the committed person under conditions it imposes in accordance with specific recommendations for conditions under § 3-116(b) of this title.    (d)    (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.
MD. Criminal Procedure Code Ann. §  3-120 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-120 - Conditional Release Request by Health Department

    (a)    (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)    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)    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)    (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.
MD. Criminal Procedure Code Ann. §  3-122 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-122 - Application for Change in Conditional Release

    (a)    (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)    The burden of proof of any issue raised by the application for change in conditional release rests with the applicant.    (c)    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)    (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.
MD. Criminal Procedure Code Ann. §  3-124 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 3 - Incompetency and Criminal Responsibility in Criminal Cases|Section 3-124 - Examination of Defendant's Information by Health Department -- Access to Judicial Records

    (a)    Notwithstanding any other provision of law, the Health Department shall have access to information maintained by the Judiciary about a criminal defendant who is:        (1)    subject to examination under the provisions of this title;        (2)    committed to the Health Department under the provisions of this title; or        (3)    on conditional release under the provisions of this title.    (b)    Before exchanging any information in accordance with this section, the Health Department and the Judiciary shall enter into an agreement regarding:        (1)    the individuals who may have access to information under this section;        (2)    what information is accessible to the individuals in item (1) of this subsection; and        (3)    the ways in which the information accessed may be used.
MD. Criminal Procedure Code Ann. §  9-101 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-101 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    In this title, “executive authority” includes the Governor and any person performing the functions of governor in a state other than this State.    (c)    (1)    “State” means a state other than this State.        (2)    “State” includes the District of Columbia and any other state or territory of the United States of America.
MD. Criminal Procedure Code Ann. §  9-102 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-102 - Fugitives From Justice; Duty of Governor

    Subject to the provisions of this title, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.
MD. Criminal Procedure Code Ann. §  9-103 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-103 - Form of Demand

    (a)    A demand for the extradition of a person charged with crime in another state may not be recognized by the Governor unless it is:        (1)    in writing and alleging, except in cases arising under § 9-106 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state; and        (2)    accompanied by:            (i)    a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a justice of the peace or magistrate there, together with a copy of any warrant which was issued thereupon; or            (ii)    a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person’s bail, probation, or parole.    (b)    (1)    The indictment, information, or affidavit made before the magistrate or justice of the peace must substantially charge the person demanded with having committed a crime under the law of that state.        (2)    The copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
MD. Criminal Procedure Code Ann. §  9-104 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-104 - Governor May Call for Investigation

    When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State:         (1)    to investigate or assist in investigating the demand; and        (2)    to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
MD. Criminal Procedure Code Ann. §  9-105 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-105 - Extradition of Persons Imprisoned or Awaiting Trial in Another State or Who Have Left the Demanding State Under Compulsion

    (a)    When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of the other state for the extradition of the person before the conclusion of proceedings or term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this State as soon as the prosecution in this State is terminated.    (b)    The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State who is charged in the manner provided in § 9-123 of this title with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily.
MD. Criminal Procedure Code Ann. §  9-106 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 9 - Extradition|Section 9-106 - Extradition of Persons Not Present in Demanding State at Time of Commission of Crime

    (a)    The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in the other state in the manner provided in § 9-103 of this title with committing an act in this State or in a third state that intentionally results in a crime in the state whose executive authority is making the demand.    (b)    The provisions of this title that are not otherwise inconsistent shall apply to those cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.