Key Information

Relevant Statutes and Rules

Md. Code Ann., Crim. Proc. § 3-101 et seq.

What proceedings can occur while the defendant is incompetent

"If the defendant is found incompetent to stand trial, defense counsel may make any legal objection to the prosecution that may be determined fairly before trial and without the personal participation of the defendant."

Md. Code Ann., Crim. Proc. § 3-106(h) (West)

Number of examiners required

1

Md. Code Ann., Crim. Proc. § 3-105(d)(1)) (West)

Qualifications of examiners

Health Department or community forensic screening program or other agency the Health Department finds appropriate.

Md. Code Ann., Crim. Proc. § 3-105(c)(2), (d)(1) (West)

What must the evaluation report contain

"[T]he report shall state, in a complete supplementary opinion, whether, because of a mental disorder or an intellectual disability, the defendant would be a danger to self or the person or property of another, if released."

Md. Code Ann., Crim. Proc. § 3-105(d)(3) (West)
 

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

"If, after a hearing, the court finds that the defendant is incompetent to stand trial and, because of a mental disorder or an intellectual disability, is a danger to self or the person or property of another, the court shall order the defendant committed."

Md. Code Ann., Crim. Proc. § 3-106(c)(1) (West)

"If, after a hearing, the court finds that the defendant is incompetent to stand trial but is not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, the court may set bail for the defendant or authorize release of the defendant on recognizance."

Md. Code Ann., Crim. Proc. § 3-106(b) (West)

What is the test for restorability

Defendant is not likely to become competent in the foreseeable future. 

Md. Code Ann., Crim. Proc. § 3-106(e) (West)

What is the procedure after restoration

If defendant is committed, the court shall hold a hearing 
"(ii) within 30 days after the filing of a motion by the State's Attorney or counsel for the defendant setting forth new facts or circumstances relevant to the determination; and
(iii) within 10 business days after receiving a report from the Health Department stating opinions, facts, or circumstances that have not been previously presented to the court and are relevant to the determination."

Md. Code Ann., Crim. Proc. § 3-106(d)(1) (West)

What is the procedure if there is a finding of unrestorability

The court shall:
(1) civilly commit the defendant as an inpatient in a medical facility that the Health Department designates provided the court finds by clear and convincing evidence that:
(i) the defendant has a mental disorder;
(ii) inpatient care is necessary for the defendant;
(iii) the defendant presents a danger to the life or safety of self or others;
(iv) the defendant is unable or unwilling to be voluntarily committed to a medical facility; and
(v) there is no less restrictive form of intervention that is consistent with the welfare and safety of the defendant; or
(2) order the confinement of the defendant for 21 days as a resident in a Developmental Disabilities Administration facility for the initiation of admission proceedings under § 7-503 of the Health--General Article provided the court finds that the defendant, because of an intellectual disability, is a danger to self or others.

Md. Code Ann., Crim. Proc. § 3-106(e) (West)

What are the time limits on initial transfer to restoration services

10 business days.

Md. Code Ann., Crim. Proc. § 3-106(c)(2) (West)

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"court shall dismiss the charge"

Md. Code Ann., Crim. Proc. § 3-107(a) (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Felony or crime of violence: lesser of 5 years or the maximum sentence for the most serious offense charged.

Otherwise: Lesser of 3 years or the maximum sentence for the most serious offense charged.

Md. Code Ann., Crim. Proc. § 3-107(a) (West)