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