Maryland Courts and Judicial Proceedings Section 3-8A-17.7

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

** SPECIAL NOTE: EFFECTIVE - DECEMBER 31, 2005 - CHAPTER 580 - 2005 **

      (a)      Unless the case is dismissed under § 3-8A-17.6 of this subtitle, at a competency hearing, if the court determines that a child is incompetent to proceed in the foreseeable future, the court shall retain jurisdiction of the child for not more than 3 years after the date of the order of incompetency if the child is alleged to have committed an act that would be a felony if committed by an adult, and up to 1 year after the date of the order of incompetency if the child is alleged to have committed an act that would be a misdemeanor if committed by an adult or is alleged to have violated probation.

      (b)      At the end of any period specified in subsection (a) of this section, if the child has not attained competency, the court:

            (1)      Shall dismiss the delinquency petition or the violation of probation petition; and

            (2)      May order that proceedings for involuntary admission under Title 10, Subtitle 6, Part III of the Health - General Article be instituted, if appropriate.