Section 3-120 - Conditional release request by Health Department.
§ 3-120. Conditional release request by Health Department.
(a) In general.-
(1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person.
(2) The Health Department shall send a copy of the application for conditional release:
(i) to the committed person;
(ii) to counsel for the committed person; and
(iii) to the State's Attorney, by certified mail, return receipt requested.
(b) Court action.- Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with § 3-114 of this title for:
(1) continued commitment; or
(2) conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department.
(c) Application for change in conditional release.- If the court orders a conditional release of the committed person under this section, the committed person, the State's Attorney, or the Health Department may apply for a revocation, change, or extension under § 3-122 of this title.
(d) Appeals.-
(1) An appeal from a District Court order shall be on the record in 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 § 12-119; 2001, ch. 10, § 2.]