Maryland Code, CRIMINAL PROCEDURE 3-115
Terms Used In Maryland Code, CRIMINAL PROCEDURE 3-115
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Subpoena: A command to a witness to appear and give testimony.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(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.