Section 3-107 - Dismissal of charges.
§ 3-107. Dismissal of charges.
(a) Dismissal of charges for certain crimes after certain time.- Whether or not the defendant is confined and unless the State petitions the court for extraordinary cause to extend the time, the court shall dismiss the charge against a defendant found incompetent to stand trial under this subtitle:
(1) when charged with a capital offense, after the expiration of 10 years;
(2) when charged with a felony or a crime of violence as defined under § 14-101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the maximum sentence for the most serious offense charged; or
(3) when charged with an offense not covered under paragraph (1) or (2) of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for the most serious offense charged.
(b) Requirement of notice and hearing.- Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court shall dismiss the charge without prejudice. However, the court may not dismiss a charge without providing the State's Attorney and a victim or victim's representative who has requested notification under § 3-123(c) of this title advance notice and an opportunity to be heard.
(c) Requirement of notice to victim on request.- If charges are dismissed under this section, the court shall notify:
(1) the victim of the crime charged or the victim's representative who has requested notification under § 3-123(c) of this article; and
(2) the Criminal Justice Information System Central Repository.
[HG § 12-106; 2001, ch. 10, § 2; 2006, ch. 353.]