reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 1 - Definitions; General Provisions › Section 2-107 - Duty to Semiconscious or Unconscious Suspects

(a)    (1)    Before a law enforcement officer may charge with a crime a person who is found by the law enforcement officer in a semiconscious or unconscious condition, the law enforcement officer shall make a diligent effort to determine whether the person:
(i)    suffers from epilepsy, diabetes, a cardiac condition, or another type of illness that causes semiconsciousness or unconsciousness; and
(ii)    is carrying the identification bracelet, tag, or card described in subsection (b) of this section.
(2)    If the law enforcement officer determines that the person suffers from an illness that causes semiconsciousness or unconsciousness, and the person is carrying the identification bracelet, tag, or card described in subsection (b) of this section, the law enforcement officer shall:
(i)    notify the person’s physician immediately; or
(ii)    have the person immediately transported to:
1.    a physician; or
2.    a facility where the services of a physician are available.
(b)    A person who suffers from epilepsy, diabetes, a cardiac condition, or other type of illness that causes temporary blackouts, semiconscious periods, or complete unconsciousness may wear an identification bracelet or metal tag or carry an identification card that is engraved, stamped, or imprinted with the person’s name, type of illness, physician’s name, and required medication.
(c)    (1)    A person may not willfully and knowingly falsify identification described in subsection (b) of this section.
(2)    A person may not deliberately misrepresent an illness that causes blackouts, semiconsciousness, or unconsciousness as described in subsection (b) of this section.
(3)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 1 - Definitions; General Provisions › Section 2-108 - Notification of Parent or Guardian of the Charging or Arrest of Minor

(a)    A law enforcement officer who charges a minor with a criminal offense shall make a reasonable attempt to provide actual notice to the parent or guardian of the minor of the charge.
(b)    If a law enforcement officer takes a minor into custody, the law enforcement officer or the officer’s designee shall make a reasonable attempt to notify the parent or guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts Article.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 1 - Definitions; General Provisions › Section 2-109 - Duties of Police Officer Upon Traffic Stop or Other Stop -- Failure to Comply -- Recording the Officer's Actions

** TAKES EFFECT JULY 1, 2022 PER CHAPTER 59 OF 2021 **
(a)    At the commencement of a traffic stop or other stop, absent exigent circumstances, a police officer shall:
(1)    display proper identification to the stopped individual; and
(2)    provide the following information to the stopped individual:
(i)    the officer’s name;
(ii)    the officer’s identification number issued by the law enforcement agency the officer is representing;
(iii)    the name of the law enforcement agency the police officer is representing; and
(iv)    the reason for the traffic stop or other stop.
(b)    A police officer’s failure to comply with subsection (a) of this section:
(1)    may be grounds for administrative disciplinary action against the officer; and
(2)    may not serve as the basis for the exclusion of evidence under the exclusionary rule.
(c)    A police officer may not prohibit or prevent a citizen from recording the police officer’s actions if the citizen is otherwise acting lawfully and safely.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-201 - Effect of Subtitle

(a)    This subtitle does not impair a right of arrest otherwise existing under the Code.
(b)    This subtitle does not deprive a person of the right to receive a citation for:
(1)    a traffic violation as provided in the Maryland Vehicle Law; or
(2)    a criminal violation as provided by law or the Maryland Rules.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-202 - Warrantless Arrests -- in General

(a)    A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.
(b)    A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime.
(c)    A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-203 - Warrantless Arrests -- Commission of Specified Crimes

(a)    A police officer without a warrant may arrest a person if the police officer has probable cause to believe:
(1)    that the person has committed a crime listed in subsection (b) of this section; and
(2)    that unless the person is arrested immediately, the person:
(i)    may not be apprehended;
(ii)    may cause physical injury or property damage to another; or
(iii)    may tamper with, dispose of, or destroy evidence.
(b)    The crimes referred to in subsection (a)(1) of this section are:
(1)    manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article;
(2)    malicious burning under § 6–104 or § 6–105 of the Criminal Law Article or an attempt to commit the crime;
(3)    malicious mischief under § 6–301 of the Criminal Law Article or an attempt to commit the crime;
(4)    a theft crime where the value of the property or services stolen is less than $1,000 under § 7–104 or § 7–105 of the Criminal Law Article or an attempt to commit the crime;
(5)    the crime of giving or causing to be given a false alarm of fire under § 9–604 of the Criminal Law Article;
(6)    indecent exposure under § 11–107 of the Criminal Law Article;
(7)    a crime that relates to controlled dangerous substances under Title 5 of the Criminal Law Article or an attempt to commit the crime;
(8)    the wearing, carrying, or transporting of a handgun under § 4–203 or § 4–204 of the Criminal Law Article;
(9)    carrying or wearing a concealed weapon under § 4–101 of the Criminal Law Article;
(10)    prostitution and related crimes under Title 11, Subtitle 3 of the Criminal Law Article; and
(11)    violation of a condition of pretrial or posttrial release under § 5–213.1 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-204 - Warrantless Arrests -- for Domestic Abuse

(a)    A police officer without a warrant may arrest a person if:
(1)    the police officer has probable cause to believe that:
(i)    the person battered the person’s spouse or another person with whom the person resides;
(ii)    there is evidence of physical injury; and
(iii)    unless the person is arrested immediately, the person:
1.    may not be apprehended;
2.    may cause physical injury or property damage to another; or
3.    may tamper with, dispose of, or destroy evidence; and
(2)    a report to the police was made within 48 hours of the alleged incident.
(b)    If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under subsection (a) of this section, the police officer shall consider whether one of the persons acted in self-defense when determining whether to arrest the person whom the police officer believes to be the primary aggressor.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-204.1 - Warrantless Arrests -- for Violation of Protective Order

A police officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of a protective order as described in § 4–508.1(c) or § 4–509(b) of the Family Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-205 - Warrantless Arrests -- for Stalking

A police officer without a warrant may arrest a person if:
(1)    the police officer has probable cause to believe the person has engaged in stalking under § 3-802 of the Criminal Law Article;
(2)    there is credible evidence other than the statements of the alleged stalking victim to support the probable cause under item (1) of this section; and
(3)    the police officer has reason to believe that the alleged stalking victim or another person is in danger of imminent bodily harm or death.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-206 - Warrantless Arrests During State of Emergency

(a)    This section applies during a public emergency, as defined in § 14–301(e)(1) or (2) of the Public Safety Article, and when public safety is imperiled, or on reasonable apprehension of immediate danger of public safety being imperiled.
(b)    During a time described in subsection (a) of this section, the authority to make an arrest without a warrant granted to police officers under this title is granted to a person who:
(1)    is serving under a proclamation of a state of emergency issued by the Governor, as provided in § 14–303 of the Public Safety Article, as:
(i)    a member of a law enforcement unit that is listed in § 2–101(c) of this title; or
(ii)    a member of the militia called into action by the Governor, as provided in § 14–306 of the Public Safety Article;
(2)    is serving as a member of the militia ordered into active service by the Governor under § 13–702 of the Public Safety Article; or
(3)    is a member of the armed forces of the United States under orders to aid civil authorities of the State in enforcing law and order, subject to subsection (c) of this section.
(c)    The grant of authority under subsection (b)(3) of this section does not limit or impair any power or duty of a member of the armed forces of the United States or authorize any action incompatible with federal law or regulations.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-207 - Authority of Correctional and Other Employees

(a)    Correctional employees assigned by the Commissioner of Correction to monitor inmates on home detention under Title 3, Subtitle 4 of the Correctional Services Article have the same powers to arrest inmates in the home detention program as are set forth in this title for police officers.
(b)    Parole and probation employees assigned by the Director of Parole and Probation to supervise offenders on home detention under § 6-108 of the Correctional Services Article have the same powers to arrest these offenders as are set forth in this title for police officers.
(c)    Correctional officers designated by the Commissioner of Correction under § 3-216 of the Correctional Services Article have the same powers to arrest persons on the property of a correctional facility of the Division of Correction as are set forth in this title for police officers.
(d)    Correctional officers designated by the managing official of a local correctional facility under § 11-802 of the Correctional Services Article have the same powers to arrest persons on the property of the facility as are set forth in this title for police officers.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.1 - Authority of Montgomery County Fire and Explosive Investigator

(a)    In this section, “Montgomery County fire and explosive investigator” means an individual who:
(1)    is assigned full time to the Fire and Explosive Investigations Unit of the Montgomery County Fire and Rescue Service and is a paid employee;
(2)    has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;
(3)    has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4)    at all times maintains active certification by the Maryland Police Training and Standards Commission.
(b)    Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle:
(1)    while operating in Montgomery County; and
(2)    while operating outside Montgomery County when:
(i)    the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(c)    The Montgomery County Fire Chief:
(1)    may limit the authority of a Montgomery County fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.2 - Authority of Anne Arundel County or City of Annapolis Fire and Explosive Investigator

(a)    In this section, “Anne Arundel County or City of Annapolis fire and explosive investigator” means an individual who:
(1)    is assigned full time to the Fire and Explosive Investigations Section of the Anne Arundel County or City of Annapolis Fire Marshal’s Office and is a paid employee;
(2)    has been employed by the Anne Arundel County or City of Annapolis Fire Department as a firefighter for at least 5 years;
(3)    has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4)    at all times maintains active certification by the Maryland Police Training and Standards Commission.
(b)    Except as provided in subsection (c) of this section, an Anne Arundel County or City of Annapolis fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:
(1)    while operating in Anne Arundel County or the City of Annapolis; and
(2)    while operating outside Anne Arundel County or the City of Annapolis when:
(i)    the Anne Arundel County or City of Annapolis fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the Anne Arundel County or City of Annapolis fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the Anne Arundel County or City of Annapolis fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(c)    The Anne Arundel County or City of Annapolis Fire Chief:
(1)    may limit the authority of an Anne Arundel County or City of Annapolis fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.3 - Authority of Prince George's County Fire and Explosive Investigator

(a)    In this section, “Prince George’s County fire and explosive investigator” means an individual who:
(1)    is assigned full time to the Fire and Explosive Investigations Section of the Prince George’s County Fire/EMS Department;
(2)    has attained the position of deputy fire marshal; and
(3)    has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article.
(b)    Except as provided in subsection (c) of this section, a Prince George’s County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:
(1)    while operating in Prince George’s County; and
(2)    while operating outside Prince George’s County when:
(i)    the Prince George’s County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the Prince George’s County fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the Prince George’s County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(c)    The Prince George’s County  Fire Chief:
(1)    may limit the authority of a Prince George’s County fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.4 - Authority of Worcester County Fire and Explosive Investigator

(a)    In this section, “fire and explosive investigator” means an individual who:
(1)    is assigned full–time to the fire and explosive investigations section of the County Fire Marshal’s Office; and
(2)    (i)    has the rank of deputy fire marshal or higher; and
(ii)    has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article.
(b)    This section applies only to Worcester County.
(c)    Except as provided in subsection (d) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:
(1)    while operating in Worcester County; and
(2)    while operating outside Worcester County when:
(i)    the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(d)    The County Fire Marshal:
(1)    may limit the authority of a fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.5 - Authority of City of Hagerstown Fire and Explosive Investigator

(a)    In this section, “fire and explosive investigator” means an individual who:
(1)    is assigned full time to the fire and explosive investigations section of the City of Hagerstown Fire Marshal’s Office and is a paid employee;
(2)    has been employed by the City of Hagerstown Fire Department as a firefighter for at least 5 years;
(3)    has successfully completed a training program from a police training school approved by the Police Training Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4)    at all times maintains active certification by the Police Training Commission.
(b)    Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:
(1)    while operating in the City of Hagerstown; and
(2)    while operating outside the City of Hagerstown when:
(i)    the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(c)    The City of Hagerstown Fire Chief:
(1)    may limit the authority of a fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-208.6 - Authority of Fire and Explosive Investigators in Howard County

(a)    In this section, “fire and explosive investigator” means an individual who:
(1)    is assigned full–time to the Fire Investigations Division of the Howard County Fire Marshal’s Office and is a paid employee;
(2)    has been employed by the Howard County Fire Department as a firefighter for at least 5 years;
(3)    has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4)    at all times maintains active certification by the Maryland Police Training and Standards Commission.
(b)    Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal under § 2–208 of this subtitle:
(1)    while operating in Howard County; and
(2)    while operating outside Howard County when:
(i)    the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii)    the fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii)    the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv)    an emergency exists.
(c)    The Howard County Fire Chief:
(1)    may limit the authority of a fire and explosive investigator under this section; and
(2)    shall express the limitation in a written policy.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 2 - Warrantless Arrests › Section 2-210 - Trespassing on Posted Property Used for Defense-Related Activity

(a)    If a person employed as a watchman or guard believes that a person is trespassing on posted property that is used for a defense-related activity as defined in § 9-701 of the Criminal Law Article, the employee may detain the person and notify a law enforcement officer.
(b)    If a law enforcement officer has probable cause to believe that a person has trespassed on posted property that is used for a defense-related activity as defined in § 9-701 of the Criminal Law Article, the law enforcement officer may arrest the person without a warrant for a violation of § 9-702 or § 9-703 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 3 - Fresh Pursuit › Part I - Fresh Pursuit In-State › Section 2-301 - Elements and Conditions of Fresh Pursuit; Authority of Officers

(a)    This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State.
(b)    (1)    Fresh pursuit is pursuit that is continuous and without unreasonable delay.
(2)    Fresh pursuit need not be instant pursuit.
(3)    In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements.
(c)    A law enforcement officer may engage in fresh pursuit of a person who:
(1)    has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or
(2)    has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest.
(d)    A law enforcement officer who is engaged in fresh pursuit of a person may:
(1)    arrest the person anywhere in the State and hold the person in custody; and
(2)    return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 3 - Fresh Pursuit › Part II - Uniform Act on Fresh Pursuit › Section 2-304 - Definitions

(a)    In Part II of this subtitle the following words have the meanings indicated.
(b)    “Fresh pursuit” includes:
(1)    fresh pursuit as defined by the common law; and
(2)    pursuit without unreasonable delay, but not necessarily instant pursuit, of a person who:
(i)    has committed or is reasonably suspected of having committed a felony; or
(ii)    is suspected of having committed a felony, although a felony has not been committed, if there is reasonable ground for believing that a felony has been committed.
(c)    “State” means a state of the United States or the District of Columbia.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 3 - Fresh Pursuit › Part II - Uniform Act on Fresh Pursuit › Section 2-305 - Authority of Officers of Other States to Arrest in This State

(a)    A member of a state, county, or municipal law enforcement unit of another state who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold the person in custody as has a member of a duly organized State, county, or municipal corporation law enforcement unit of this State to arrest and hold a person in custody on the ground that the person is believed to have committed a felony in this State.
(b)    This section does not make unlawful an arrest in this State that would otherwise be lawful.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 3 - Fresh Pursuit › Part II - Uniform Act on Fresh Pursuit › Section 2-306 - Hearing to Determine Lawfulness of Arrest

(a)    If an officer of another state makes an arrest in this State in accordance with § 2-305(a) of this subtitle, the officer shall, without unnecessary delay, take the person arrested before a judge of the circuit court of the county in which the arrest was made for a hearing to determine the lawfulness of the arrest.
(b)    If the judge determines that the arrest was unlawful, the judge shall discharge the arrested person.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 4 - Custodial Interrogation › Section 2-402 - Public Policy

It is the public policy of the State that:
(1)    a law enforcement unit that regularly utilizes one or more interrogation rooms capable of creating audiovisual recordings of custodial interrogations shall make reasonable efforts to create an audiovisual recording of a custodial interrogation of a criminal suspect in connection with a case involving murder, rape, sexual offense in the first degree, or sexual offense in the second degree, whenever possible; and
(2)    a law enforcement unit that does not regularly utilize one or more interrogation rooms capable of creating audiovisual recordings of custodial interrogations shall make reasonable efforts to create an audio recording of a custodial interrogation of a criminal suspect in connection with a case involving murder, rape, sexual offense in the first degree, or sexual offense in the second degree, whenever possible.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 4 - Custodial Interrogation › Section 2-403 - Exemption From Maryland Wiretapping and Electronic Surveillance Act

An audio or audiovisual recording made by a law enforcement unit of a custodial interrogation of a criminal suspect is exempt from the Maryland Wiretapping and Electronic Surveillance Act.
2023 Maryland Statutes › Criminal Procedure › Title 2 - Law Enforcement Procedures; Arrest Process › Subtitle 4 - Custodial Interrogation › Section 2-404 - Report

On or before December 31, 2009, and annually thereafter, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2–1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-101 - Defined Terms

(a)    In this title the following words have the meanings indicated.
(b)    “Committed person” means a person committed to the Health Department as not criminally responsible under the test for criminal responsibility.
(c)    “Court” means a court that has criminal jurisdiction.
(d)    “Health Department” means the Maryland Department of Health.
(e)    “Hospital warrant” means a legal document issued by a court that:
(1)    authorizes any law enforcement officer in the State to apprehend a person who is alleged to have violated an order for conditional release and transport the person to a facility designated by the Health Department; and
(2)    requires that the issuance of the warrant is entered in the person’s criminal history record information of the criminal justice information system.
(f)    “Incompetent to stand trial” means not able:
(1)    to understand the nature or object of the proceeding; or
(2)    to assist in one’s defense.
(g)    (1)    “Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.
(2)    “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another.
(3)    “Mental disorder” does not include mental retardation.
(h)    “Office” means the Office of Administrative Hearings.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-103 - Interpreters for Proceedings

(a)    (1)    The court shall appoint a qualified interpreter to help a defendant throughout any court proceedings under this title when the defendant:
(i)    is deaf; or
(ii)    cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help present the defense.
(2)    On application of a victim or victim’s representative, as defined in § 11–104(a) of this article, the court shall appoint a qualified interpreter to help the victim or the victim’s representative throughout any court proceeding when the victim or the victim’s representative:
(i)    is deaf; or
(ii)    cannot readily understand or communicate the English language.
(b)    The court shall give an interpreter appointed under this section:
(1)    compensation for services in an amount equal to that provided for interpreters of languages other than English; and
(2)    reimbursement for actual and necessary expenses incurred in the performance of services.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-104 - Court to Determine Competence

(a)    If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant is incompetent to stand trial.
(b)    If, after receiving evidence, the court finds that the defendant is competent to stand trial, the trial shall begin as soon as practicable or, if already begun, shall continue.
(c)    At any time before final judgment, the court may reconsider the question of whether the defendant is incompetent to stand trial.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-107 - Dismissal of Charges

(a)    Whether or not the defendant is confined and unless the State petitions the court for extraordinary cause to extend the time, the court shall dismiss the charge against a defendant found incompetent to stand trial under this subtitle:
(1)    when charged with a felony or a crime of violence as defined under § 14–101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the maximum sentence for the most serious offense charged; or
(2)    when charged with an offense not covered under item (1) of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for the most serious offense charged.
(b)    Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court shall dismiss the charge without prejudice. However, the court may not dismiss a charge without providing the State’s Attorney and a victim or victim’s representative who has requested notification under § 3–123(c) of this title advance notice and an opportunity to be heard.
(c)    If charges are dismissed under this section, the court shall notify:
(1)    the victim of the crime charged or the victim’s representative who has requested notification under § 3–123(c) of this title; and
(2)    the Criminal Justice Information System Central Repository.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-109 - Test for Criminal Responsibility

(a)    A defendant is not criminally responsible for criminal conduct if, at the time of that conduct, the defendant, because of a mental disorder or mental retardation, lacks substantial capacity to:
(1)    appreciate the criminality of that conduct; or
(2)    conform that conduct to the requirements of law.
(b)    For purposes of this section, “mental disorder” does not include an abnormality that is manifested only by repeated criminal or otherwise antisocial conduct.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-110 - Not Criminally Responsible -- Plea and Verdict

(a)    (1)    If a defendant intends to rely on a plea of not criminally responsible, the defendant or defense counsel shall file a written plea alleging, in substance, that when the alleged crime was committed, the defendant was not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
(2)    A written plea of not criminally responsible by reason of insanity shall be filed at the time provided for initial pleading, unless, for good cause shown, the court allows the plea to be filed later.
(b)    The defendant has the burden to establish, by a preponderance of the evidence, the defense of not criminally responsible.
(c)    If the trier of fact finds that the State has proved beyond a reasonable doubt that the defendant committed the criminal act charged, then, if the defendant has pleaded not criminally responsible, the trier of fact separately shall find whether the defendant has established, by a preponderance of the evidence, that the defendant was at the time criminally responsible or not criminally responsible by reason of insanity under the test for criminal responsibility in § 3-109 of this title.
(d)    A court may not enter a verdict of not criminally responsible unless the defendant or defense counsel has filed a written plea under subsection (a) of this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.