EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0032*
HOUSE BILL 32
E2, J1, J3 5lr1450
(PRE–FILED) CF SB 43
By: Delegate Charkoudian
Requested: October 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health – Forensic Review Board and Community 2
Forensic Aftercare Program – Established 3
FOR the purpose of requiring the Maryland Department of Health to establish a forensic 4
review board at facilities that have charge of persons who have been committed to 5
the facility as not criminally responsible; requiring each forensic review board to 6
review the eligibility for release of committed persons on a certain basis and 7
determine whether to recommend to the court that the committed person is eligible 8
for discharge or conditional release; establishing the Community Forensic Aftercare 9
Program in the Department to monitor committed persons on conditional release; 10
and generally relating to forensic review boards and the Community Forensic 11
Aftercare Program. 12
BY repealing and reenacting, without amendments, 13
Article – Criminal Procedure 14
Section 3–101(a), (b), and (d) and 3–121(b) 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Criminal Procedure 19
Section 3–120.1 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2024 Supplement) 22
BY adding to 23
Article – Health – General 24
Section 13–5501 and 13–5502 to be under the new subtitle “Subtitle 55. Community 25
Forensic Aftercare Program” 26
Annotated Code of Maryland 27 2 HOUSE BILL 32
(2023 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Procedure 4
3–101. 5
(a) In this title the following words have the meanings indicated. 6
(b) “Committed person” means a person committed to the Health Department as 7
not criminally responsible under the test for criminal responsibility. 8
(d) “Health Department” means the Maryland Department of Health. 9
3–120.1. 10
(A) THE HEALTH DEPARTMENT SHALL ESTABLISH A FORENSIC REVIEW 11
BOARD AT EACH FACILI TY THAT HAS CHARGE OF A COMMITTED PERSON UNDER THIS 12
SUBTITLE. 13
(B) EACH MEMBER OF A FORENSIC REVIEW BOAR D SHALL BE A HEALTH 14
CARE PROVIDER LICENSED UN DER THE HEALTH OCCUPATIONS ARTICLE. 15
(C) (1) EACH FORENSIC REVIEW BOAR D SHALL REVIEW ANNUALLY EACH 16
COMMITTED PERSON ’S ELIGIBILITY FOR RELEASE UNDER § 3–114 OF THIS 17
SUBTITLE. 18
(2) THE FORENSIC REVIEW B OARD SHALL, BY A MAJORITY VOTE O F 19
THE MEMBERS , DETERMINE WHETHER TO RECOMMEND TO THE COURT THAT A 20
COMMITTED PERSON IS ELIGIBLE FOR DISCHARGE OR CONDITI ONAL RELEASE, WITH 21
OR WITHOUT PROPOSED CONDITIONS. 22
(3) (I) EACH FORENSIC REVIEW BOAR D SHALL MAINTAIN A 23
WRITTEN RECORD CONTA INING ITS FINDINGS A ND RECOMMENDATIONS . 24
(II) THE WRITTEN RECORD SH ALL BE INCLUDED IN T HE 25
MEDICAL RECORD OF THE COMMITTED PER SON. 26
(III) THE FINDINGS SHALL INCLUD E THE REASONS FOR TH E 27
FORENSIC REVIEW BOAR D’S RECOMMENDATION AND A PLAN FOR OVERCOMIN G ANY 28
BARRIERS TO RELEASE . 29
HOUSE BILL 32 3
(D) (1) EACH FORENSIC REVIEW BOARD SHALL HAVE AN ODD NUMBER OF 1
MEMBERS. 2
(2) EACH MEMBER OF THE FO RENSIC REVIEW BOARD SHALL HAVE 3
ONE VOTE. 4
(3) (I) A FORENSIC REVIEW BOARD MAY NOT CONDUCT A REVIEW 5
UNDER SUBSECTION (C) OF THIS SECTION UNLE SS A QUORUM IS PRESE NT. 6
(II) A MAJORITY OF THE MEMB ERS OF THE FORENSIC REVIEW 7
BOARD IS A QUORUM . 8
(E) (1) IF THE COMMITTED PERS ON’S TREATMENT TEAM DET ERMINES 9
THAT THE COMMITTED PERSON IS ELIGIBLE FOR DISCHARGE OR CONDITI ONAL 10
RELEASE BEFORE THE ANNUAL REVIEW SCHEDULED UNDER SUBSECTION (C) OF 11
THIS SECTION, THE TREATMENT TEAM S HALL NOTIFY THE FORENSIC REVIEW BOARD 12
IN WRITING OF THE NE ED FOR A RELEASE ELI GIBILITY REVIEW. 13
(2) WITHIN 30 DAYS AFTER RECEIVING NOTICE UNDER PARAGRA PH 14
(1) OF THIS SUBSECTION , THE FORENSIC REVIEW BOARD SHALL CONDUCT A REVIEW 15
IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION. 16
(3) THE TREATMENT TEAM SH ALL PROVIDE A WRITTEN STATEMENT 17
THAT INCLUDES THE CLINICAL REASONS UNDERLYING THE DETER MINATION THAT 18
THE COMMITTED PERSON IS ELIGIBLE FOR DISC HARGE OR CONDITIONAL RELEASE. 19
(4) A COPY OF THE NOTI FICATION MADE UNDER PARAGRAPH (1) OF 20
THIS SUBSECTION AND THE WRITTEN STATEMENT REQUIRED UNDER PARAGRAPH 21
(3) OF THIS SUBSECTION SHALL BE INCLUDED IN THE MEDICAL RECORD OF THE 22
COMMITTED PERSON . 23
(F) A COPY OF A DOCUMENT OR RECORD P RODUCED BY A FORENSI C 24
REVIEW BOARD UNDER T HIS SECTION SHALL , ON REQUEST, BE PROVIDED TO : 25
(1) THE COMMITTED PERSON ; 26
(2) COUNSEL FOR THE COMM ITTED PERSON; 27
(3) THE COURT; 28
(4) THE STATE’S ATTORNEY; OR 29
(5) THE HEALTH DEPARTMENT . 30 4 HOUSE BILL 32
3–121. 1
(b) (1) If a court receives a report that alleges that a committed person has 2
violated a condition of a conditional release, the court promptly shall: 3
(i) notify: 4
1. the Health Department; 5
2. counsel of record for the committed person; and 6
3. the State’s Attorney; and 7
(ii) provide the State’s Attorney with the name, address, and 8
telephone number of the person who reported the violation and a copy of the order for 9
conditional release. 10
(2) If the Health Department receives a report that alleges that a 11
committed person has violated conditional release, the Department shall: 12
(i) notify: 13
1. the court; 14
2. counsel of record for the committed person; and 15
3. the State’s Attorney; and 16
(ii) provide the State’s Attorney with the name, address, and 17
telephone number of the person who reported the violation and a copy of the order for 18
conditional release. 19
Article – Health – General 20
SUBTITLE 55. COMMUNITY FORENSIC AFTERCARE PROGRAM. 21
13–5501. 22
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(B) “COMMITTED PERSON” HAS THE MEANING STAT ED IN § 3–101 OF THE 25
CRIMINAL PROCEDURE ARTICLE. 26
HOUSE BILL 32 5
(C) “PROGRAM” MEANS THE COMMUNITY FORENSIC AFTERCARE 1
PROGRAM. 2
13–5502. 3
(A) THERE IS A COMMUNITY FORENSIC AFTERCARE PROGRAM IN THE 4
DEPARTMENT . 5
(B) THE PURPOSE OF THE PROGRAM IS TO MONITOR COMMITTED PERSONS 6
ON CONDITIONAL RELEA SE. 7
(C) (1) THE PROGRAM SHALL MONITOR COMMITTED PERSONS ON 8
CONDITIONAL RELEASE IN ACCORDANCE WITH T HE RECOMMENDATIONS O F THE 9
COMMITTED PERSON ’S MENTAL HEALTH TEAM . 10
(2) THE PROGRAM MAY NOT MAKE CLINICA L DECISIONS REGARDING 11
THE TREATMENT OF COM MITTED PERSONS . 12
(D) (1) AT LEAST ONCE EVERY 90 DAYS, A COMMUNITY FORENSIC 13
AFTERCARE MONITOR SHALL HOLD A MEETING WITH: 14
(I) EACH COMMITTED PERSON MONITORED BY THE PROGRAM; 15
AND 16
(II) THE MENTAL HEALTH TEAM OF THE COMMITTED PER SON. 17
(2) A COMMITTED PERSON MAY APPOINT AN ADVOCATE , INCLUDING 18
A REPRESENTATIVE FRO M THE OFFICE OF THE PUBLIC DEFENDER, TO ATTEND A 19
MEETING HELD UNDER PARAGRAPH (1) OF THIS SUBSECTION . 20
(E) IF THE PROGRAM RECEIVES A REPORT ALLEGING TH AT A COMMITTED 21
PERSON HAS VIOLATED CONDITIONAL RELEASE , THE PROGRAM SHALL: 22
(1) MAKE THE NOTIFICATION S REQUIRED UNDER § 3–121(B)(2)(I) OF 23
THE CRIMINAL PROCEDURE ARTICLE; AND 24
(2) PROVIDE THE STATE’S ATTORNEY WITH THE INF ORMATION 25
REQUIRED UNDER § 3–121(B)(2)(II) OF THE CRIMINAL PROCEDURE ARTICLE. 26
(F) IF THE PROGRAM RECEIVES A REQUEST FOR RECORD S, THE PROGRAM 27
SHALL PROVIDE THE RECORDS WITHIN 48 HOURS AFTER THE REQU EST IS RECEIVED 28
UNLESS THE PROGRAM IS PROHIBITED UNDER APPLICABLE F EDERAL OR STATE 29
LAW FROM DISCLOSING THE RECORDS TO THE R EQUESTING PERSON . 30 6 HOUSE BILL 32
(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMPLEMENT THE 1
PROGRAM. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4