EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0741*
SENATE BILL 741
J1, J3, D1 5lr2299
By: Senators Lam and Augustine
Introduced and read first time: January 27, 2025
Assigned to: Finance and Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Forensic Mental Health Treatment 2
FOR the purpose of altering the circumstances under which a certificate of need for 3
changing bed capacity in a health care facility is required; establishing the 4
Workgroup on Forensic Mental Health Treatment; requiring the Workgroup to 5
develop a certain form to be used by judges in a proceeding related to incompetency 6
to stand trial; establishing the Forensic Mental Health Treatment Fund as a special, 7
nonlapsing fund; requiring courts to remit certain fines and monetary penalties into 8
the Fund; requiring that interest earnings of the Fund be credited to the Fund; and 9
generally relating to forensic mental health treatment in the State. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 3–106(c)(4) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 19–120(h) and (l) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Health – General 22
Section 24–2501 and 24–2502 to be under the new subtitle “Subtitle 25. Forensic 23
Mental Health Treatment” 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2024 Supplement) 26
BY repealing and reenacting, without amendments, 27 2 SENATE BILL 741
Article – State Finance and Procurement 1
Section 6–226(a)(2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)204. and 205. 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)206. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
3–106. 18
(c) (4) (I) [If] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 19
PARAGRAPH , IF the Health Department fails to admit a defendant to a designated health 20
care facility within the time period specified in paragraph (2)(i) of this subsection, the court 21
may impose any sanction reasonably designed to compel compliance, including requiring 22
the Health Department to reimburse a detention facility for expenses and costs incurred in 23
retaining the defendant beyond the time period specified in paragraph (2)(i) of this 24
subsection at the daily rate specified in § 9–402(b) of the Correctional Services Article. 25
(II) IF THE SANCTION IMPOS ED BY THE COURT INCL UDES A FINE 26
OR MONETARY PENALTY THAT IS NOT INTENDED TO REIMBURS E A DETENTION 27
FACILITY, THE COURT SHALL REMIT THE FINE OR MONETA RY PENALTY TO THE 28
FORENSIC MENTAL HEALTH TREATMENT FUND ESTABLISHED UNDE R § 24–2502 OF 29
THE HEALTH – GENERAL ARTICLE. 30
Article – Health – General 31
19–120. 32
(h) (1) A certificate of need is required before the bed capacity of a health care 33
facility is changed. 34
SENATE BILL 741 3
(2) [This] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 1
SUBSECTION, THIS subsection does not apply to any increase or decrease in bed capacity 2
if: 3
(i) For a health care facility that is not a hospital, during a 2–year 4
period the increase or decrease would not exceed the lesser of 10 percent of the total bed 5
capacity or 10 beds; 6
(ii) 1. The increase or decrease would change the bed capacity 7
for an existing medical service; and 8
2. A. The change would not increase total bed capacity; 9
B. The change is maintained for at least a 1–year period; and 10
C. At least 45 days prior to the change, the hospital provides 11
written notice to the Commission describing the change and providing an updated 12
inventory of the hospital’s licensed bed complement; 13
(iii) 1. At least 45 days before increasing or decreasing bed 14
capacity, written notice of intent to change bed capacity is filed with the Commission; 15
2. The Commission in its sole discretion finds that the 16
proposed change: 17
A. Is pursuant to the consolidation or merger of two or more 18
health care facilities, or conversion of a health care facility or part of a facility to a 19
nonhealth–related use; 20
B. Is not inconsistent with the State health plan or the 21
institution–specific plan developed by the Commission; 22
C. Will result in the delivery of more efficient and effective 23
health care services; and 24
D. Is in the public interest; and 25
3. Within 45 days of receiving notice, the Commission 26
notifies the health care facility of its finding; 27
(iv) The increase or decrease in bed capacity is the result of the 28
annual licensed bed recalculation provided under § 19–307.2 of this title; or 29
(v) 1. The increase or decrease in bed capacity will occur in: 30
4 SENATE BILL 741
A. An intermediate care facility that offers residential or 1
intensive substance–related disorder treatment services and has a current license issued 2
by the Secretary; or 3
B. An existing general hospice program that has a current 4
license issued by the Secretary; and 5
2. At least 45 days before increasing or decreasing bed 6
capacity, written notice of the intent to change bed capacity is filed with the Commission. 7
(3) NOTWITHSTANDING ANY O THER REQUIREMENT OF THIS 8
SUBSECTION, A CERTIFICATE OF NEE D IS REQUIRED BEFORE THE PSYC HIATRIC BED 9
CAPACITY OF A HEALTH CARE FACILITY IS RED UCED BY FIVE OR MORE BEDS . 10
(l) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 11
SUBSECTION, A certificate of need is not required to close any health care facility or part 12
of a health care facility if at least 90 days before the closing or if at least 45 days before the 13
partial closing of the health care facility, including a State hospital, a person proposing to 14
close all or part of the health care facility files notice of the proposed closing or partial 15
closing with the Commission. 16
(2) A hospital shall hold a public informational hearing in the county where 17
the hospital is located if the hospital: 18
(i) Files a notice of the proposed closing of the hospital with the 19
Commission; 20
(ii) Requests an exemption from the Commission under subsection 21
(o)(3) of this section to convert to a freestanding medical facility; or 22
(iii) Is located in a county with fewer than three hospitals and files a 23
notice of the partial closing of the hospital with the Commission. 24
(3) The Commission may require a health care facility other than a hospital 25
described in paragraph (2) of this subsection that files notice of its proposed closing or 26
partial closing to hold a public informational hearing in the county where the health care 27
facility is located. 28
(4) A public informational hearing required under paragraph (2) or (3) of 29
this subsection shall be held by the health care facility, in consultation with the 30
Commission, within 30 days after: 31
(i) The health care facility files with the Commission a notice of its 32
proposed closing or partial closing; or 33
(ii) The hospital files with the Commission a notice of intent to 34
convert to a freestanding medical facility. 35 SENATE BILL 741 5
(5) (i) The Commission shall establish by regulation requirements for 1
a public informational hearing required under paragraph (2) or (3) of this subsection. 2
(ii) For a hospital proposing to close, partially close, or convert to a 3
freestanding medical facility, the regulations shall require the hospital to address: 4
1. The reasons for the closure, partial closure, or conversion; 5
2. The plan for transitioning acute care services previously 6
provided by the hospital to residents of the hospital service area; 7
3. The plan for addressing the health care needs of the 8
residents of the hospital service area; 9
4. The plan for retraining and placing displaced employees; 10
5. The plan for the hospital’s physical plant and site; and 11
6. The proposed timeline for the closure, partial closure, or 12
conversion to a freestanding medical facility. 13
(6) Within 10 working days after a public informational hearing held by a 14
hospital under this subsection, the hospital shall provide a written summary of the hearing 15
to: 16
(i) The Governor; 17
(ii) The Secretary; 18
(iii) The governing body of the county in which the hospital is located; 19
(iv) The local health department and the local board of health or 20
similar body for the county in which the hospital is located; 21
(v) The Commission; and 22
(vi) Subject to § 2–1257 of the State Government Article, the Senate 23
Finance Committee, the House Health and Government Operations Committee, and the 24
members of the General Assembly who represent the district in which the hospital is 25
located. 26
(7) A CERTIFICATE OF NEED IS REQUIRED IF THE C LOSING OR 27
PARTIAL CLOSING OF T HE HEALTH CARE FACIL ITY WILL RESULT IN A DECREASE OF 28
FIVE OR MORE PSYCHIATRIC BEDS IN THE STATE. 29
SUBTITLE 25. FORENSIC MENTAL HEALTH TREATMENT. 30 6 SENATE BILL 741
24–2501. 1
(A) IN THIS SECTION, “WORKGROUP ” MEANS THE WORKGROUP ON 2
FORENSIC MENTAL HEALTH TREATMENT. 3
(B) THERE IS A WORKGROUP ON FORENSIC MENTAL HEALTH TREATMENT. 4
(C) THE WORKGROUP CONSISTS OF : 5
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 6
(2) THE CHIEF JUSTICE OF THE SUPREME COURT OF MARYLAND; 7
(3) ONE CIRCUIT COURT JUDGE, APPOINTED BY THE CHIEF JUSTICE 8
OF THE SUPREME COURT OF MARYLAND; 9
(4) ONE REPRESENTATIVE OF THE MENTAL HEALTH DIVISION OF 10
THE OFFICE OF THE PUBLIC DEFENDER, APPOINTED BY THE PUBLIC DEFENDER 11
OF MARYLAND; 12
(5) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH CARE 13
COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 14
(6) THE PRESIDENT OF THE MARYLAND STATE’S ATTORNEYS’ 15
ASSOCIATION, OR THE PRESIDENT’S DESIGNEE; 16
(7) THE EXECUTIVE DIRECTOR OF ON OUR OWN OF MARYLAND, OR 17
THE EXECUTIVE DIRECTOR’S DESIGNEE; AND 18
(8) THE PRESIDENT OF DISABILITY RIGHTS MARYLAND, OR THE 19
PRESIDENT’S DESIGNEE. 20
(D) THE SECRETARY AND THE CHIEF JUSTICE OF THE MARYLAND 21
SUPREME COURT SHALL COCHAIR T HE WORKGROUP . 22
(E) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE WORKGROUP . 23
(F) A MEMBER OF THE WORKGROUP : 24
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 25
WORKGROUP ; BUT 26
SENATE BILL 741 7
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 1
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 2
3
(G) (1) ON OR BEFORE OCTOBER 1, 2026, THE SECRETARY AND CHIEF 4
JUSTICE SHALL JOINTLY CREATE , IN CONSULTATION WITH THE WORKGROUP , A 5
DATA COLLECTION FORM FOR USE BY JUDGES IN A PROCEEDING RELATED T O 6
INCOMPETENCY TO STAND TRIAL. 7
(2) THE FORM SHALL INCLUD E: 8
(I) THE JUDGE PRESIDING OVER THE PROCEEDING ; 9
(II) THE EVALUATOR WORKING ON BEHALF OF THE 10
DEPARTMENT WHO EXAMINED THE DEF ENDANT AS PART OF TH E INCOMPETENCY 11
PROCEEDINGS ; 12
(III) THE CHARGES BROUGHT AGAINST THE DEFENDANT ; 13
(IV) THE EVALUATOR ’S OPINION ON THE DEF ENDANT’S 14
COMPETENCY AND DANGE ROUSNESS UNDER § 3–105 OF THE CRIMINAL 15
PROCEDURE ARTICLE; 16
(V) THE POSITION TAKEN BY THE STATE’S ATTORNEY AND 17
COUNSEL FOR THE DEFENDANT ON THE DEFENDANT’S COMPETENCY OR 18
DANGEROUSNESS ; 19
(VI) THE COURT’S DECISION ON THE COMP ETENCY AND 20
DANGEROUSNESS OF THE DEFENDANT; 21
(VII) IF THE COURT FOUND THE DEFENDANT INCOMP ETENT, 22
WHETHER THE COURT OR DERED THE DEFENDANT TO BE COMMI TTED TO A FACILITY 23
DESIGNATED BY THE DEPARTMENT OR THAT THE DEFENDAN T BE RELEASED; AND 24
(VIII) ANY OTHER INFORMATION IDENTIFIED BY THE SECRETARY 25
AND CHIEF JUSTICE. 26
(H) FOLLOWING THE CREATION OF THE FORM UNDER SU BSECTION (G) OF 27
THIS SECTION, THE CHIEF JUSTICE SHALL DIRECT THE COURTS TO : 28
(1) COMPLETE THE FORM FOLLOWING A PROCEEDI NG RELATED TO 29
INCOMPETENCY TO STAN D TRIAL; AND 30
(2) SUBMIT THE FORM TO THE DEPARTMENT . 31 8 SENATE BILL 741
(I) THE WORKGROUP SHALL MEET AT LEAST ANNUALLY TO REVIEW DATA 1
COLLECTED FROM THE SUBMITTED FORMS AND ANY OTHER RELEVA NT 2
INFORMATION . 3
(J) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2027, THE 4
WORKGROUP SHALL SUBMI T A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 5
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 6
ON: 7
(1) THE DATA COLLECTED USING THE FORMS SUBM ITTED UNDER 8
SUBSECTION (G) OF THIS SECTION; 9
(2) THE NEED FOR MORE PSYCHIATRIC BEDS IN THE STATE; 10
(3) THE NEED FOR INCREASE D OUTPATIENT COMPETE NCY 11
RESTORATION OPTIONS ; 12
(4) FUNDING RECOMMENDATIONS RELATED TO PARAGRAPH S (2) 13
AND (3) OF THIS SUBSECTION ; AND 14
(5) ANY OTHER FINDINGS OR RECOMMENDATIONS . 15
(K) THE WORKGROUP AND THE DEPARTMENT SHALL TAKE APPROPRIATE 16
PRECAUTIONS TO PROTE CT THE IDENTITY OF A JUDGE, AN EVALUATOR, AND A 17
DEFENDANT INCLUDED ON A FORM COMPLETED UNDER SUBSECTION (H) OF THIS 18
SECTION. 19
24–2502. 20
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC MENTAL HEALTH 21
TREATMENT FUND. 22
(B) THERE IS A FORENSIC MENTAL HEALTH TREATMENT FUND IN THE 23
DEPARTMENT . 24
(C) (1) THE COMPTROLLER SHALL COLLECT ALL FINES AND MONETARY 25
PENALTIES REMITTED TO THE FUND BY THE COURTS UNDER § 3–106 OF THE 26
CRIMINAL PROCEDURE ARTICLE. 27
(2) THE COMPTROLLER SHALL DIS TRIBUTE THE FINES AND 28
MONETARY PENALTIES TO THE FUND. 29
SENATE BILL 741 9
(D) THE PURPOSE OF THE FUND IS TO PROVIDE SUPPORT F OR INCREASING 1
THE TOTAL NUMBER OF LICENSED PSYCHIATRIC BEDS IN THE STATE. 2
(E) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 3
(F) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 6
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
(G) THE FUND CONSISTS OF : 8
(1) FINES AND MONETARY PENALTIES DISTRIBUTED TO THE FUND 9
UNDER SUBSECTION (C) OF THIS SECTION; 10
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 11
(3) INTEREST EARNINGS; AND 12
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 13
THE BENEFIT OF THE FUND. 14
(H) THE FUND MAY BE USED ONLY FOR PURPOSES DESIGNED TO INCREASE 15
THE TOTAL NUMBER OF LICENSED PSYCHIATRIC BEDS IN THE STATE. 16
(I) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 17
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 18
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 19
THE FUND. 20
(J) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 21
WITH THE STATE BUDGET . 22
(K) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS NOT 23
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 24
APPROPRIATED FOR INCREASING THE TOTAL NUMBER OF LICENSED PSYCHI ATRIC 25
BEDS IN THE STATE. 26
(L) THE DEPARTMENT SHALL ADOP T REGULATIONS ON THE DISTRIBUTION 27
OF FUNDS FROM THE FORENSIC MENTAL HEALTH TREATMENT FUND. 28
Article – State Finance and Procurement 29 10 SENATE BILL 741
6–226. 1
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 2
through 2028. 3
2. Notwithstanding any other provision of law, and unless 4
inconsistent with a federal law, grant agreement, or other federal requirement or with the 5
terms of a gift or settlement agreement, net interest on all State money allocated by the 6
State Treasurer under this section to special funds or accounts, and otherwise entitled to 7
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 8
Fund of the State. 9
(ii) The provisions of subparagraph (i) of this paragraph do not apply 10
to the following funds: 11
204. the Victims of Domestic Violence Program Grant Fund; 12
[and] 13
205. the Proposed Programs Collaborative Grant Fund; AND 14
206. THE FORENSIC MENTAL HEALTH TREATMENT FUND. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17