EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0043*
SENATE BILL 43
E2, J1, J3 5lr1451
(PRE–FILED) CF HB 32
By: Senator Augustine
Requested: October 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Finance and Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
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; authorizing a forensic review board to make 6
recommendations relating to the release or rehabilitation of a committed person; 7
requiring each forensic review board to review the eligibility for release of committed 8
persons on a certain basis and determine whether to recommend to the court that 9
the committed person is eligible for discharge or conditional release; establishing the 10
Community Forensic Aftercare Program in the Department to monitor committed 11
persons on conditional release; and generally relating to forensic review boards and 12
the Community Forensic Aftercare Program. 13
BY repealing and reenacting, without amendments, 14
Article – Criminal Procedure 15
Section 3–101(a), (b), and (d) and 3–121(b) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Criminal Procedure 20
Section 3–120.1 21
Annotated Code of Maryland 22 2 SENATE BILL 43
(2018 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – Health – General 3
Section 13–5501 and 13–5502 to be under the new subtitle “Subtitle 55. Community 4
Forensic Aftercare Program” 5
Annotated Code of Maryland 6
(2023 Replacement Volume and 2024 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Criminal Procedure 10
3–101. 11
(a) In this title the following words have the meanings indicated. 12
(b) “Committed person” means a person committed to the Health Department as 13
not criminally responsible under the test for criminal responsibility. 14
(d) “Health Department” means the Maryland Department of Health. 15
3–120.1. 16
(A) IN THIS SECTION, “AUTHORIZED AGENT ” MEANS AN INDIVIDUAL WHO IS 17
NOT COUNSEL FOR THE COMMITTED PERSON AND WHO IS SELECTED BY T HE 18
COMMITTED PERSON TO REPRESENT THE INTERE STS OF THE COMMITTED PERSON 19
IN ALL FORENSIC REVI EW BOARD MATTERS . 20
(B) (1) THE HEALTH DEPARTMENT SHALL ESTA BLISH A FORENSIC 21
REVIEW BOARD AT EACH FACILITY THAT HAS CH ARGE OF A COMMITTED PERSON 22
UNDER THIS SUBTITLE . 23
(2) A FORENSIC REVIEW BOAR D MAY MAKE RECOMMEND ATIONS 24
RELATING TO THE RELE ASE OR REHABILITATIO N OF A COMMITTED PER SON UNDER 25
THIS SUBTITLE. 26
(B) (C) EACH MEMBER OF A FORENSIC REVIEW BO ARD SHALL BE A 27
HEALTH CARE PROVIDER LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE. 28
(C) (D) (1) EACH AT LEAST ONCE EACH YE AR, EACH FORENSIC REVIEW 29
BOARD SHALL REVIEW ANNUALLY EACH COMMITTED PERSO N’S ELIGIBILITY FOR 30
RELEASE UNDER § 3–114 OF THIS SUBTITLE. 31
SENATE BILL 43 3
(2) THE FORENSIC REVIEW B OARD SHALL, BY A MAJORITY VOTE O F 1
THE MEMBERS , DETERMINE WHETHER TO RECOMMEND TO THE COU RT THAT A 2
COMMITTED PERSON IS ELIGIBLE FOR DISCHAR GE OR CONDITIONAL RE LEASE, WITH 3
OR WITHOUT PROPOSED CONDITIONS. 4
(3) (I) EACH FORENSIC REVIEW BOARD SHALL MAINTAIN A 5
WRITTEN RECORD CONTA INING ITS FINDINGS A ND RECOMMENDATIONS . 6
(II) THE WRITTEN RECORD SH ALL BE INCLUDED IN T HE 7
MEDICAL RECORD OF TH E COMMITTED PERSON . 8
(III) THE FINDINGS SHALL IN CLUDE THE REASONS FO R THE 9
FORENSIC REVIEW BOAR D’S RECOMMENDATION AND A PLAN FOR OVERCOMIN G ANY 10
BARRIERS TO RELEASE . 11
(4) WHEN MAKING A RECOMME NDATION UNDER THIS S ECTION, A 12
FORENSIC REVIEW BOAR D SHALL CONSIDER A W RITTEN STATEMENT OFF ERED BY 13
THE COMMITTED PERSON TO THE FORENS IC REVIEW BOARD . 14
(5) THE FORENSIC REVIEW B OARD SHALL PROVIDE N OTICE TO A 15
COMMITTED PERSON AND THE COUNSEL OF RECOR D FOR THE COMMITTED PERSON: 16
(I) AT LEAST 10 DAYS BEFORE THE FORE NSIC REVIEW BOARD 17
HOLDS A MEETING CONC ERNING THE COMMITTED PERSON; AND 18
(II) WITHIN 10 DAYS AFTER THE FOREN SIC REVIEW BOARD 19
ISSUES A RECOMMENDAT ION TO THE COURT . 20
(D) (E) (1) EACH FORENSIC REVIEW BOARD SHALL HAVE AN ODD 21
NUMBER OF MEMBERS . 22
(2) EACH MEMBER OF THE FO RENSIC REVIEW BOARD SHALL HAVE 23
ONE VOTE. 24
(3) (I) A FORENSIC REVIEW BOAR D MAY NOT CONDUCT A REVIEW 25
UNDER SUBSECTION (C) (D) OF THIS SECTION UNLE SS A QUORUM IS PRESE NT. 26
(II) A MAJORITY OF THE MEMB ERS OF THE FORENSIC REVIEW 27
BOARD IS A QUORUM . 28
(F) (1) A COMMITTED PERSON MAY APPOINT AN AUTHORIZE D AGENT TO 29
ATTEND THE PORTION O F A FORENSIC REVIEW BOARD MEETING CONCER NING THE 30
COMMITTED PERSON . 31
4 SENATE BILL 43
(2) AN AUTHORIZED AGENT M AY BE A SOCIAL WORKE R OR A 1
NONLEGAL REPRESENTAT IVE EMPLOYED BY THE OFFICE OF THE ATTORN EY 2
REPRESENTING THE COM MITTED PERSON . 3
(3) AN AUTHORIZED AGENT MAY O NLY GIVE AND HEAR AR GUMENTS. 4
(4) COUNSEL FOR ANY PARTY MAY NOT ATTEND FOREN SIC REVIEW 5
BOARD MEETINGS . 6
(E) (G) (1) IF THE COMMITTED PERS ON’S TREATMENT TEAM 7
DETERMINES THAT THE COMMITTED PERSON IS ELIGIBLE FOR DISCHAR GE OR 8
CONDITIONAL RELEASE BEFORE THE ANNUAL RE VIEW SCHEDULED UNDER 9
SUBSECTION (C) (D) OF THIS SECTION , THE TREATMENT TEAM S HALL NOTIFY THE 10
FORENSIC REVIEW BOARD IN WRITING OF THE NEED FOR A RELEA SE ELIGIBILITY 11
REVIEW. 12
(2) WITHIN 30 DAYS AFTER RECEIVING NOTICE UNDER PARAGRA PH 13
(1) OF THIS SUBSECTION , THE FORENSIC REVIEW BOARD SHALL CONDUCT A REVIEW 14
IN ACCORDANCE WITH S UBSECTION (C) (D) OF THIS SECTION. 15
(3) THE TREATMENT TEAM SH ALL PROVIDE A WRITTE N STATEMENT 16
THAT INCLUDES THE CL INICAL REASONS UNDER LYING THE DETERMINAT ION THAT 17
THE COMMITTED PERSON IS ELIGIBLE FOR DISC HARGE OR CONDITIONAL RELEASE. 18
(4) A COPY OF THE NOTIFICA TION MADE UNDER PARA GRAPH (1) OF 19
THIS SUBSECTION AND THE WRITTEN STATEMEN T REQUIRED UNDER PAR AGRAPH 20
(3) OF THIS SUBSECTION S HALL BE INCLUDED IN THE MEDICAL RECORD O F THE 21
COMMITTED PERSON . 22
(F) (H) A COPY OF A DOCUMENT O R RECORD PRODUCED BY A FORENSIC 23
REVIEW BOARD UNDER T HIS SECTION SH ALL, ON REQUEST, BE PROVIDED TO : 24
(1) THE COMMITTED PERSON ; 25
(2) COUNSEL FOR THE COMM ITTED PERSON; 26
(3) THE COURT; 27
(4) THE STATE’S ATTORNEY; OR 28
(5) THE HEALTH DEPARTMENT . 29
(I) THE COMMITTED PERSON ’S TREATMENT TEAM SHA LL IMPLEMENT 30
RECOMMENDATIONS , IF ANY, FROM THE FORENSIC RE VIEW BOARD AND MAKE 31 SENATE BILL 43 5
ARRANGEMENTS FOR NEC ESSARY TREATMENT TO REHABILITATE THE COM MITTED 1
PERSON IN ACCORDANCE WITH § 10–706 OF THE HEALTH – GENERAL ARTICLE. 2
(J) (1) A FORENSIC REVIEW BOAR D MAY APPOINT A REPR ESENTATIVE TO 3
TESTIFY AS TO THE HEALTH DEPARTMENT ’S POSITION AT A RELE ASE HEARING. 4
(2) IF A FORENSIC REVIEW BOARD TAKES A POSITI ON CONTRARY TO 5
THE POSITION OF THE COMMITTED PERSON ’S TREATMENT TEAM , THE 6
REPRESENTATIVE APPOIN TED UNDER THIS SUBSE CTION MAY NOT BE A M EMBER OF 7
THE COMMITTED PERSON ’S TREATMENT TEAM . 8
(K) THE HEALTH DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY 9
OUT THIS SECTION . 10
3–121. 11
(b) (1) If a court receives a report that alleges that a committed person has 12
violated a condition of a conditional release, the court promptly shall: 13
(i) notify: 14
1. the Health Department; 15
2. counsel of record for the committed person; and 16
3. the State’s Attorney; and 17
(ii) provide the State’s Attorney with the name, address, and 18
telephone number of the person who reported the violation and a copy of the order for 19
conditional release. 20
(2) If the Health Department receives a report that alleges that a 21
committed person has violated conditional release, the Department shall: 22
(i) notify: 23
1. the court; 24
2. counsel of record for the committed person; and 25
3. the State’s Attorney; and 26
(ii) provide the State’s Attorney with the name, address, and 27
telephone number of the person who reported the violation and a copy of the order for 28
conditional release. 29
6 SENATE BILL 43
Article – Health – General 1
SUBTITLE 55. COMMUNITY FORENSIC AFTERCARE PROGRAM. 2
13–5501. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “COMMITTED PERSON” HAS THE MEANING STAT ED IN § 3–101 OF THE 6
CRIMINAL PROCEDURE ARTICLE. 7
(C) “PROGRAM” MEANS THE COMMUNITY FORENSIC AFTERCARE 8
PROGRAM. 9
13–5502. 10
(A) THERE IS A COMMUNITY FORENSIC AFTERCARE PROGRAM IN THE 11
DEPARTMENT . 12
(B) THE PURPOSE OF THE PROGRAM IS TO MONITOR COMMIT TED PERSONS 13
ON CONDITIONAL RELEA SE. 14
(C) (1) THE PROGRAM SHALL MONITOR COMMITTED PERSONS ON 15
CONDITIONAL RELEASE IN ACCORDANCE WITH T HE RECOMMENDATIONS O F THE 16
COMMITTED PERSON ’S MENTAL HEALTH TEAM . 17
(2) THE PROGRAM MAY NOT MAKE CLINICAL DECISIONS REGARD ING 18
THE TREATMENT OF COM MITTED PERSONS . 19
(D) (1) AT LEAST ONCE EVERY 90 DAYS, A COMMUNITY FORENSIC 20
AFTERCARE MONITOR SH ALL HOLD A MEETING W ITH: 21
(I) EACH COMMITTED PERSON MONITORED BY THE PROGRAM; 22
AND 23
(II) THE MENTAL HEALTH TEA M OF THE COMMITTED PER SON. 24
(2) A COMMITTED PERSON MAY APPOINT AN ADVOCATE , INCLUDING 25
A REPRESENTATIVE FRO M THE OFFICE OF THE PUBLIC DEFENDER, TO ATTEND A 26
MEETING HELD UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 27
(E) IF THE PROGRAM RECEIVES A RE PORT ALLEGING THAT A COMMITTED 28
PERSON HAS VIOLATED CONDITIONAL RELEASE , THE PROGRAM SHALL : 29
SENATE BILL 43 7
(1) MAKE THE NOTIFICATION S REQUIRED UNDER § 3–121(B)(2)(I) OF 1
THE CRIMINAL PROCEDURE ARTICLE; AND 2
(2) PROVIDE THE STATE’S ATTORNEY WITH THE INF ORMATION 3
REQUIRED UNDER § 3–121(B)(2)(II) OF THE CRIMINAL PROCEDURE ARTICLE. 4
(F) IF THE PROGRAM RECEIVES A RE QUEST FOR RECORDS , THE PROGRAM 5
SHALL PROVIDE THE RE CORDS WITHIN 48 HOURS AFTER THE REQU EST IS RECEIVED 6
UNLESS THE PROGRAM IS PROHIBITED UNDER APPLICABLE FED ERAL OR STATE 7
LAW FROM DISCLOSING THE RECORDS TO THE R EQUESTING PERSON . 8
(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THE 9
PROGRAM. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.