Section 3-118 - Court action on report of Office.
§ 3-118. Court action on report of Office.
(a) In general.- Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with § 3-114 of this title, and enter an appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering:
(1) continued commitment;
(2) conditional release; or
(3) discharge from commitment.
(b) Order without hearing.-
(1) If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office.
(2) A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived.
(c) Limitation on conditions of release.- Unless the conditional release is extended under § 3-122 of this title, the court may not continue the conditions of a conditional release for more than 5 years.
(d) Notification of Central Repository.- The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.
(e) Appeals.-
(1) An appeal from a District Court order shall be on the record in the circuit court.
(2) An appeal from a circuit court order shall be by application for leave to appeal to the Court of Special Appeals.
[HG § 12-117; 2001, ch. 10, § 2.]