Maryland 2025 Regular Session

Maryland Senate Bill SB782 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0782
6	6
7	7	SENATE BILL 782
8	8	E2 5lr3295
9	9
10	10	By: Senator Corderman
11	11	Introduced and read first time: January 27, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Procedure – Verdict of Not Criminally Responsible – Eligibility for 2
19	19	Evaluation for Discharge 3
20	20
21	21	FOR the purpose of establishing that a person committed to the Maryland Department of 4
22	22	Health after a verdict of not criminally responsible for murder in the first degree or 5
23	23	murder in the second degree is not eligible for discharge for at least a certain period 6
24	24	of time after the date the person was committed; and generally relating to persons 7
25	25	found not criminally responsible. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Criminal Procedure 10
29	29	Section 3–114 11
30	30	Annotated Code of Maryland 12
31	31	(2018 Replacement Volume and 2024 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Criminal Procedure 16
37	37
38	38	3–114. 17
39	39
40	40	(a) A committed person may be released under the provisions of this section and 18
41	41	§§ 3–115 through 3–122 of this title. 19
42	42
43	43	(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 20
44	44	SUBSECTION, A committed person is eligible for discharge from commitment only if that 21
45	45	person would not be a danger, as a result of a mental disorder or an intellectual disability, 22
46	46	to self or to the person or property of others if discharged. 23
47	47	2 SENATE BILL 782
48	48
49	49
50	50	(2) A COMMITTED PERSON WHO WAS FOUND NOT CRIMINALLY 1
51	51	RESPONSIBLE FOR A CH ARGE OF MURDER IN TH E FIRST DEGREE UNDER § 2–201 OF 2
52	52	THE CRIMINAL LAW ARTICLE OR MURDER IN THE SECOND DEGREE UNDER § 2–204 3
53	53	OF THE CRIMINAL LAW ARTICLE IS NOT ELIGIBLE FOR DISCHARGE FROM 4
54	54	COMMITMENT FOR AT LEAST 10 YEARS AFTER THE DATE THE PERSON WAS 5
55	55	COMMITTED TO THE HEALTH DEPARTMENT . 6
56	56
57	57	(c) A committed person is eligible for conditional release from commitment only 7
58	58	if that person would not be a danger, as a result of a mental disorder or an intellectual 8
59	59	disability, to self or to the person or property of others if released from confinement with 9
60	60	conditions imposed by the court. 10
61	61
62	62	(d) To be released, a committed person has the burden to establish by a 11
63	63	preponderance of the evidence eligibility for discharge or eligibility for conditional release. 12
64	64
65	65	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
66	66	apply only prospectively and may not be applied or interpreted to have any effect on or 14
67	67	application to any commitment to the Maryland Department of Health that occurred before 15
68	68	the effective date of this Act. 16
69	69
70	70	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
71	71	October 1, 2025. 18