2014 Maryland Code
Criminal Procedure
Title 3 - Incompetency and Criminal Responsibility in Criminal Cases
§ 3-101. Defined terms
(a) In general. -- In this title the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was HG § 12-101(a).
** REVISOR'S NOTE
No changes are made.
(b) Committed person. -- "Committed person" means a person committed to the Health Department as not criminally responsible under the test for criminal responsibility.
** REVISOR'S NOTE
This subsection formerly was HG § 12-101(b).
** REVISOR'S NOTE
In this subsection, the defined term "person" is substituted for the former reference to an "individual" to conform to the terminology used throughout this article.
** REVISOR'S NOTE
There are no other changes.
** DEFINED TERM:
"Person" § 1-101
**
(c) Court. -- "Court" means a court that has criminal jurisdiction.
REVISOR'S NOTE
This subsection formerly was HG § 12-101(c).
REVISOR'S NOTE
No changes are made. **
(d) Health Department. -- "Health Department" means the Department of Health and Mental Hygiene.
REVISOR'S NOTE
This subsection is new language added to provide a convenient, short reference to the Department of Health and Mental Hygiene. **
(e) Hospital warrant. -- "Hospital warrant" means a legal document issued by a court that: **
(1) authorizes any law enforcement officer in the State to apprehend a person who is alleged to have violated an order for conditional release and transport the person to a facility designated by the Health Department; and **
(2) requires that the issuance of the warrant is entered in the person's criminal history record information of the criminal justice information system.
REVISOR'S NOTE
This subsection formerly was HG § 12-101(d).
REVISOR'S NOTE
In item (2) of this subsection, the reference to "requires" is substituted for the former reference to "[e]nsures" for clarity.
REVISOR'S NOTE
The only changes are in style.
DEFINED TERMS:
"Court" § 3-101
DEFINED TERMS:
"Health Department" § 3-101
DEFINED TERMS:
"Person" § 1-101
**
(f) Incompetent to stand trial. -- "Incompetent to stand trial" means not able: **
(1) to understand the nature or object of the proceeding; or **
(2) to assist in one's defense.
REVISOR'S NOTE
This subsection formerly was HG § 12-101(e).
REVISOR'S NOTE
The only changes are in style. **
(g) Mental disorder. -- **
(1) "Mental disorder" means a behavioral or emotional illness that results from a psychiatric or neurological disorder. **
(2) "Mental disorder" includes a mental illness that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another. **
(3) "Mental disorder" does not include mental retardation.
REVISOR'S NOTE
This subsection formerly was HG § 12-101(g).
REVISOR'S NOTE
The defined term "person" is substituted for the former reference to an "individual" to conform to the terminology used throughout this article.
REVISOR'S NOTE
No other changes are made.
DEFINED TERM:
"Person" § 1-101
**
(h) Office. -- "Office" means the Office of Administrative Hearings.
REVISOR'S NOTE
This subsection is new language added to allow a concise reference to the Office of Administrative Hearings.
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