Maryland Department of Health - Forensic Review Boards and Community Forensic Aftercare Program

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0658*

HOUSE BILL 658
J1 6lr1619
CF SB 412
By: Delegate Charkoudian Delegates Charkoudian, Alston, Bagnall, Cullison,
Guzzone, Hill, Kaufman, Lopez, Martinez, Rosenberg, Ross, White Holland,
and Woorman
Introduced and read first time: January 30, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2026

CHAPTER ______

AN ACT concerning 1

Maryland Department of Health – Forensic Review Boards and Community 2
Forensic Aftercare Program – Established 3

FOR the purpose of repealing the requirement that a forensic review board provide notice 4
to certain individuals within a certain time period after issuing a recommendation 5
to the court; authorizing an authorized agent to attend a forensic review board 6
meeting virtually; establishing the Community Forensic Aftercare Program in the 7
Maryland Department of Health to monitor committed persons on con ditional 8
release and individuals with mental illness or intellectual disability who are 9
required to be monitored under certain circumstances; requiring the Program to 10
establish a community monitoring board to make certain decisions and 11
recommendations rela ted to conditional release and out –of–state travel; and 12
generally relating to forensic review boards and the Community Forensic Aftercare 13
Program. 14

BY repealing and reenacting, without amendments, 15
Article – Criminal Procedure 16
Section 3–101(a), (b), and (d) and 3–121(b) 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19

BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
2 HOUSE BILL 658

Section 3–122(a) 3–120.1 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3

BY adding to 4
Article – Health – General 5
Section 13 –5901 through 13 –5904 to be under the new subtitle “Subtitle 59. 6
Community Forensic Aftercare Program” 7
Annotated Code of Maryland 8
(2023 Replacement Volume and 2025 Supplement) 9

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11

Article – Criminal Procedure 12

3–101. 13

(a) In this title the following words have the meanings indicated. 14

(b) “Committed person” means a person committed to the Health Department as 15
not criminally responsible under the test for criminal responsibility. 16

(d) “Health Department” means the Maryland Department of Health. 17

3–120.1. 18

(a) In this section, “authorized agent” means an individual who is not counsel for 19
the committed person and who is select ed by the committed person to represent the 20
interests of the committed person in all forensic review board matters. 21

(b) (1) The Health Department shall establish a forensic review board at each 22
facility that has charge of a committed person under this subtitle. 23

(2) A forensic review board may make recommendations relating to the 24
release or rehabilitation of a committed person under this subtitle. 25

(c) Each member of a forensic review board shall be a health care provider 26
licensed under the Health Occupations Article. 27

(d) (1) At least once each year, each forensic review board shall review each 28
committed person’s eligibility for release under § 3–114 of this subtitle. 29

(2) The forensic review board shall, by a majority vote of the members, 30
determine whether to recommend to the court that a committed person is eligible for 31
discharge or conditional release, with or without proposed conditions. 32

HOUSE BILL 658 3

(3) (i) Each forensic review board shall maintain a written record 1
containing its findings and recommendations. 2

(ii) The written record shall be included in the medical record of the 3
committed person. 4

(iii) The findings shall include the reasons for the forensic review 5
board’s recommendation and a plan for overcoming any barriers to release. 6

(4) When making a recommendation under this section, a forensic review 7
board shall consider a written statement offered by the committed person to the forensic 8
review board. 9

(5) The forensic review board shall provide notice to a committed person 10
and the counsel of record for the committed person[: 11

(i)] at least 10 days before the forensic review board holds a meeting 12
concerning the committed person[; and 13

(ii) within 10 days after the forensic review board issues a 14
recommendation to the court]. 15

(e) (1) Each forensic review board shall have an odd number of members. 16

(2) Each member of the forensic review board shall have one vote. 17

(3) (i) A forensic review board may not conduct a review under 18
subsection (d) of this section unless a quorum is present. 19

(ii) A majority of the members of the forensic review board is a 20
quorum. 21

(f) (1) A committed person may appoint an authorized agent to attend the 22
[portion] ENTIRETY of a forensic review board meeting concerning the committed person , 23
EXCEPT FOR THE FINAL VOTING PORTION OF A MEETING. 24

(2) An authorized agent may be a social worker or a nonlegal 25
representative employed by the office of the attorney representing the committed person. 26

(3) An authorized agent may only give and hear arguments. 27

(4) AN AUTHORIZED AGENT MAY ATTEND A FORENSIC REVIEW BOARD 28
MEETING VIRTUALLY. 29

[(4)] (5) Counsel for any party may not attend forensic review board 30
meetings. 31
4 HOUSE BILL 658

(g) (1) If the committed person’s treatment team determines that the 1
committed person is eligible for discharge or conditional release before the annual review 2
scheduled under subsection (d) of this section, the treatment team shall notify the forensic 3
review board in writing of the need for a release eligibility review. 4

(2) Within 30 days a fter receiving notice under paragraph (1) of this 5
subsection, the forensic review board shall conduct a review in accordance with subsection 6
(d) of this section. 7

(3) The treatment team shall provide a written statement that includes the 8
clinical reasons underlying the determination that the committed person is eligible for 9
discharge or conditional release. 10

(4) A copy of the notification made under paragraph (1) of this subsection 11
and the written statement required under paragraph (3) of this subsection shall be included 12
in the medical record of the committed person. 13

(h) A copy of a document or record produced by a forensic review board under this 14
section shall, on request, be provided to: 15

(1) the committed person; 16

(2) counsel for the committed person; 17

(3) the court; 18

(4) the State’s Attorney; or 19

(5) the Health Department. 20

(i) The committed person’s treatment team shall implement recommendations, if 21
any, from the forensic review board and make arrangements for necessary treatment to 22
rehabilitate the committed person in accordance with § 10 –706 of the Health – General 23
Article. 24

(j) (1) A forensic review board may appoint a representative to testify as to 25
the Health Department’s position at a release hearing. 26

(2) If a forensic review board takes a position contrary to the position of the 27
committed person’s treatment team, the representative appointed under this subsection 28
may not be a member of the committed person’s treatment team. 29

(k) The Health Department shall adopt regulations to carry out this section. 30

3–121. 31

HOUSE BILL 658 5

(b) (1) If a court receives a report that alleges that a committed person has 1
violated a condition of a conditional release, the court promptly shall: 2

(i) notify: 3

1. the Health Department; 4

2. counsel of record for the committed person; and 5

3. the State’s Attorney; and 6

(ii) provide the State’s Attorney with the name, address, and 7
telephone number of the person who reported the violation and a copy of the order for 8
conditional release. 9

(2) If the Health Department receives a report that alleges that a 10
committed person has violated conditional release, the Department shall: 11

(i) notify: 12

1. the court; 13

2. counsel of record for the committed person; and 14

3. the State’s Attorney; and 15

(ii) provide the State’s Attorney with the name, address, and 16
telephone number of the person who reported the violation and a copy of the order for 17
conditional release. 18

3–122. 19

(a) (1) An application to the court for a change in conditional release of a 20
committed person may be made by: 21

(i) the Health Department , THE COMMUNITY FORENSIC 22
AFTERCARE PROGRAM, or the State’s Attorney at any time; or 23

(ii) the committed person not earlier than 6 months after the court 24
ordered the conditional release, un less the court for good cause permits an earlier 25
application. 26

(2) The applicant for a change in conditional release shall notify the court 27
and other parties, in writing, of the application and the reasons for the requested change. 28

6 HOUSE BILL 658

(3) On request by a ny party, the court shall hold a hearing after an 1
application is made under this subsection to determine whether the applicant has satisfied 2
the requirements for release under § 3–114 of this title. 3

Article – Health – General 4

SUBTITLE 59. COMMUNITY FORENSIC AFTERCARE PROGRAM. 5

13–5901. 6

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8

(B) “AUTHORIZED AGENT ” MEANS AN INDIVIDUAL WHO IS NOT COUNSEL 9
FOR THE COMMITTED PERSON AND WHO IS SELECTED BY THE COMMITTED PERSON 10
TO REPRESENT THE INTERESTS OF THE COMMITTED PERSON IN ALL COMMUNITY 11
MONITORING BOARD MATTERS. 12

(C) “COMMITTED PERSON” HAS THE MEANING STAT ED IN § 3–101 OF THE 13
CRIMINAL PROCEDURE ARTICLE. 14

(D) “MENTAL HEALTH TEAM ” MEANS THE COMMITTED PERSON’S 15
INPATIENT BEHAVIORAL HEALTH PROVIDERS AND OUT PATIENT COMMUNITY 16
BEHAVIORAL HEALTH PROVIDERS. 17

(E) “PROGRAM” MEANS THE COMMUNITY FORENSIC AFTERCARE 18
PROGRAM. 19

(F) “PROGRAM MONITOR ” MEANS A LICENSED CERTIFIED SOCIAL 20
WORKER–CLINICAL WORKER EMPLOYED BY THE PROGRAM TO: 21

(1) COLLECT A ND REVIEW INFORMATIO N PERTAINING TO A 22
COMMITTED PERSON’S COMPLIANCE WITH A CONDITIONAL RELEASE ORDER; AND 23

(2) MAKE BEHAVIORAL HEALT H RECOMMENDATIONS TO THE 24
COMMITTED PERSON’S BEHAVIORAL HEALTH PROVIDERS AND THE COURT. 25

13–5902. 26

(A) THERE IS A COMMUNITY FORENSIC AFTERCARE PROGRAM IN THE 27
DEPARTMENT. 28

(B) THE PURPOSE OF THE PROGRAM IS TO MONITOR: 29

HOUSE BILL 658 7

(1) COMMITTED PERSONS ON CONDITIONAL RELEASE; AND 1

(2) INDIVIDUALS WITH MENT AL ILLNESS OR INTELL ECTUAL 2
DISABILITY WHO ARE R EQUIRED TO BE MONITO RED UNDER TITLE 3 OF THE 3
CRIMINAL PROCEDURE ARTICLE. 4

(C) (1) THE PROGRAM SHALL: 5

(I) MONITOR COMMITTED PER SONS ON CONDITIONAL 6
RELEASE IN ACCORDANCE WITH THE ORDER OF THE COURT UNDER TITLE 3 OF THE 7
CRIMINAL PROCEDURE ARTICLE AND THE RECOMMENDATI ONS OF THE 8
COMMITTED PERSON’S MENTAL HEALTH TEAM; 9

(II) MONITOR INDIVIDUALS WHO HAVE BEEN: 10

1. FOUND INCOMPETENT TO STAND TRIAL BUT NOT A 11
DANGER TO SELF OR THE PERSON OR PROPERTY OF OTHERS UNDER § 3–106 OF THE 12
CRIMINAL PROCEDURE ARTICLE; AND 13

2. DISCHARGED FROM A DEPARTMENT FACILITY WITH A 14
RECOMMENDATION FOR RELEASED FROM CONFINE MENT IN A DEPARTMENT 15
FACILITY IN ACCORDANCE WITH A COURT ORDER FOR CONDITIONAL RELEASE THAT 16
REQUIRES COMMUNITY FORENSIC AFTERCARE MONITORING; 17

(III) MONITOR COMMITTED PERSONS ORDERED BY A COURT TO 18
BE CONDITIONALLY RELEASED UNDER § 3–114(C) OF THE CRIMINAL PROCEDURE 19
ARTICLE FOR COMPLIANCE WITH COURT ORDERED CONDITIONS OF RELEASE; 20

(IV) RECEIVE AND REPORT VI OLATIONS OF A CONDIT ION OF 21
CONDITIONAL RELEASE UNDER § 3–121 OF THE CRIMINAL LAW ARTICLE; AND 22

(V) (IV) FILE REVIEW APPLICATIONS FOR CHA NGE IN 23
CONDITIONAL RELEASE ON BEHALF OF THE DEPARTMENT UNDER § 3–122 OF THE 24
CRIMINAL PROCEDURE ARTICLE. 25

(2) THE PROGRAM: 26

(I) MAY NOT MAKE CLINICAL DECISIONS REGARDING THE 27
TREATMENT OF COMMITTED PERSONS; BUT 28

(II) MAY MAY MAKE RECOMMENDATIONS REGARDING THE 29
TREATMENT OF THE COMMITTED PERSON. 30

8 HOUSE BILL 658

(3) A HEALTH CARE PRACTITI ONER–PATIENT RELATIONSHIP MAY 1
NOT BE DETERMINED TO EXIST BETWEEN A COMM ITTED PERSON AND AN 2
INDIVIDUAL WHO MONITORS INDIVIDUALS OR PROVIDES OTH ER SERVICES UNDER 3
THE PROGRAM. 4

(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AT LEAST 5
ONCE EVERY 90 DAYS THREE TIMES WITHIN T HE 6–MONTH PERIOD IMMEDIATELY 6
FOLLOWING THE DATE THE COMMITTED PERSON WAS INITIALLY RELEASED FROM A 7
FACILITY, A PROGRAM MONITOR SHALL HOLD A MEETING WITH: 8

(I) EACH COMMITTED PERSON MONITORED BY THE PROGRAM; 9
AND 10

(II) THE MENTAL HEALTH TEAM OF THE COMMITTED PERSON. 11

(2) BEGINNING 1 YEAR 6 MONTHS AFTER THE DATE THE COMMITTED 12
PERSON WAS RELEASED FROM A FACILITY , MEETINGS SHALL BE HE LD AS 13
DETERMINED NECESSARY BY: 14

(I) THE MENTAL HEALTH TEA M OF THE COMMITTED P ERSON; 15
OR 16

(II) AT THE REQUEST OF THE PROGRAM. 17

(3) A COMMITTED PERSON MAY APPOINT AN ADVOCATE, INCLUDING 18
A DESIGNEE OF COUNSEL OF THE COMMITTED PERSON, TO ATTEND A MEETING HELD 19
UNDER PARAGRAPHS (1) AND (2) OF THIS SUBSECTION. 20

(4) IF A MEETING UNDER PARAGRAPH (1) OR (2) OF THIS SUBSECTION 21
CONCERNS THE COMMITT ED PERSON ’S COMPLIANCE WITH A CONDITIONAL 22
RELEASE, THE PROGRAM SHALL NOTIFY THE ADVOCATE OF THE COMMITTED 23
PERSON AND , IF APPLICABLE , THE DESIGNEE OF COUNSEL OF THE COMMI TTED 24
PERSON OF THE MEETING. 25

(5) IF A MEETING UNDER PARAGRAPH (1) OR (2) OF THIS SUBSECTION 26
IS HELD DUE TO AN EM ERGENCY INVOLVING TH E COMMITTED PERSON , THE 27
PROGRAM SHALL NOTIFY THE ADVOCATE OF THE COMMITTED PERSON AND, IF THE 28
COMMITTED PERSON HAS RETAINED COUNSEL, THE COUNSEL OF THE C OMMITTED 29
PERSON OF THE CONTENT OF THE MEETING AS SOON AS PRACTICABLE. 30

(E) IF THE PROGRAM RECEIVES A REPORT ALLEGING THAT A COMMITTED 31
PERSON HAS VIOLATED CONDITIONAL RELEASE, THE PROGRAM SHALL: 32

HOUSE BILL 658 9

(1) MAKE THE NOTIFICATIONS REQUIRED UNDER § 3–121(B)(2)(I) OF 1
THE CRIMINAL PROCEDURE ARTICLE; 2

(2) PROVIDE THE STATE’S ATTORNEY WITH THE IN FORMATION 3
REQUIRED UNDER § 3–121(B)(2)(II) OF THE CRIMINAL PROCEDURE ARTICLE; AND 4

(3) IF APPLICABLE, PROVIDE TO THE COUNSEL OF RECORD FOR THE 5
COMMITTED PERSON THE INFORMATION PROVIDED UNDER ITEM (2) OF THIS 6
SUBSECTION. 7

(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 8
PROGRAM RECEIVES A RE QUEST FOR RECORDS FO R AN INDIVIDUAL WHO HAS 9
VIOLATED A CONDITION OF CONDITIONAL RELEA SE AND A HEARING UND ER § 10
3–121(F) OF THE CRIMINAL PROCEDURE ARTICLE HAS BEEN SCHE DULED WITHIN 11
10 DAYS, THE PROGRAM SHALL PROVIDE THE RECORDS WITHIN 4 5 BUSINESS DAYS 12
AFTER THE REQUEST IS RECEIVED UNLESS THE PROGRAM IS PROHIBITED UNDER 13
APPLICABLE FEDERAL O R STATE LAW FROM DISCLO SING THE RECORDS TO THE 14
REQUESTING PERSON. 15

(2) (I) SUBJECT TO SUBPARAGRAPHS (II) THROUGH (IV) OF THIS 16
PARAGRAPH IN ACCORDANCE WITH § 4–307(L) OF THIS ARTICLE , THE PROGRAM 17
AND ANY HEALTH CARE PROVIDER INVOLVED IN THE TREATMENT OF THE 18
INDIVIDUAL SHALL DISCLOSE ANY RECORDS WITHOUT THE AUTHORIZATION OF THE 19
INDIVIDUAL WHO IS THE SUBJECT OF TH E RECORD TO A PUBLIC DEFENDER WHO 20
STATES IN WRITING TH AT THE OFFICE OF THE PUBLIC DEFENDER REPRESENTS 21
THE INDIVIDUAL. 22

(II) LEGAL RECORDS REQUIRE D TO BE DISCLOSED UN DER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH INCLUDE AN EMERGENCY PETITION. 24

(III) THE RECORDS DISCLOSED UNDER SUBPARAGRAPH (I) OF 25
THIS PARAGRAPH SHALL BE LIMITED TO THOSE RECORDS NEEDED BY THE PUBLIC 26
DEFENDER TO REPRESENT THE INDIVIDUAL. 27

(IV) RECORDS PROVIDED UNDE R SUBPARAGRAPH (I) OF THIS 28
SUBSECTION SHALL BE PROVIDED: 29

1. WITHIN 24 HOURS AFTER THE PROGRAM RECEIVES A 30
WRITTEN REQUEST FOR THE RECORDS FROM THE PUBLIC DEFENDER; AND 31

2. ONLY IF THE INDIVIDUA L WHO IS THE SUBJECT OF 32
THE RECORD HAS NOT YET RETAINED PRIVATE COUNSEL. 33

10 HOUSE BILL 658

13–5903. 1

(A) THE PROGRAM SHALL ESTABLISH A COMMUNITY MON ITORING BOARD 2
TO MAKE: 3

(1) RECOMMENDATIONS RELATING TO THE EARLY TER MINATION OF 4
CONDITIONAL RELEASE; 5

(2) RECOMMENDATIONS RELAT ING TO MODIFICATION OF THE 6
CONDITIONS OF RELEASE; 7

(3) RECOMMENDATIONS RELAT ING TO THE EXTENSION OF 8
CONDITIONAL RELEASE; 9

(4) DECISIONS RECOMMENDATIONS RELATING TO THE ELIG IBILITY 10
OF A COMMITTED PERSON TO REMAIN ON CONDITIONAL RELEASE; AND 11

(5) DECISIONS RELATING TO ANY OUT–OF–STATE TRAVEL REQUEST. 12

(B) (1) EACH VOTING MEMBER OF THE COMMUNITY MONITORING BOARD 13
SHALL BE A HEALTH CARE PROVIDER LICENSED UNDER THE HEALTH OCCUPATIONS 14
ARTICLE. 15

(2) DECISIONS OF THE COMM UNITY MONITORING BOA RD SHALL BE 16
DETERMINED BY A MAJORITY VOTE. 17

(3) THE COMMUNITY MONITOR ING BOARD SHALL HAVE AN ODD 18
NUMBER OF MEMBERS. 19

(4) EACH MEMBER OF THE CO MMUNITY MONITORING BOARD SHALL 20
HAVE ONE VOTE. 21

(5) A COMMUNITY MONITORING BOARD MAY NOT ISSUE A 22
RECOMMENDATION OR RE NDER A DECISION UNDE R SUBSECTION (A) OF THIS 23
SECTION UNLESS A QUORUM IS PRESENT. 24

(6) A MAJORITY OF THE MEMBERS OF THE COMMUNITY MONITORING 25
BOARD IS A QUORUM. 26

(C) (1) A COMMITTED PERSON MAY APPOINT AN AUTHORIZED AGENT TO 27
ATTEND THE ENTIRETY OF A COMMUNITY MONIT ORING BOARD MEETING 28
CONCERNING THE COMMITTED PERSON, EXCEPT FOR THE FINAL VOTING PORTION 29
OF A MEETING. 30
HOUSE BILL 658 11

(2) AN AUTHORIZED AGENT M AY BE A SOCIAL WORKE R OR AN 1
INVESTIGATOR EMPLOYE D BY THE COUNSEL REP RESENTING THE COMMIT TED 2
PERSON. 3

(3) AN AUTHORIZED AGENT MAY ONLY GIVE AND HEAR ARGUMENTS. 4

(4) AN AUTHORIZED AGENT MAY ATTEND A COMMUNITY MONITORING 5
BOARD MEETING VIRTUALLY. 6

(D) (1) THE COMMUNITY MONITOR ING BOARD SHALL MAIN TAIN A 7
WRITTEN RECORD CONTA INING ITS FINDINGS , RECOMMENDATIONS, AND 8
DECISIONS. 9

(2) THE WRITTEN RECORD SH ALL BE INCLUDED IN T HE MEDICAL 10
RECORD OF THE COMMITTED PERSON. 11

(3) THE FINDINGS SHALL IN CLUDE THE REASONS FO R THE 12
COMMUNITY MONITORING BOARD’S RECOMMENDATION OR DECISION. 13

(E) (1) WHEN MAKING A RECOMME NDATION OR DECISION UNDER THIS 14
SECTION, THE COMMUNITY MONITO RING BOARD SHALL CON SIDER A WRITTEN 15
STATEMENT, IF ANY , OFFERED BY THE COMMI TTED PERSON TO THE FORENSIC 16
REVIEW COMMUNITY MONITORING BOARD. 17

(2) THE COMMUNITY MONITOR ING BOARD SHALL PROV IDE NOTICE 18
TO A COMMITTED PERSO N AND THE COUNSEL OF RECORD FOR THE COMMI TTED 19
PERSON AS SOON AS PR ACTICABLE BUT NO LAT ER THAN 10 DAYS BEFORE THE 20
FORENSIC REVIEW COMMUNITY MONITORING BOARD HOLDS A MEETIN G 21
CONCERNING THE COMMITTED PERSON. 22

(3) A COPY OF THIS NOTICE SHALL BE MAINTAINED IN THE 23
PROGRAM’S RECORDS. 24

(F) THE OFFICE OF THE ATTORNEY GENERAL MAY PROVIDE L EGAL 25
COUNSEL T O THE DEPARTMENT AT THE PROGRAM’S COMMUNITY MONITORI NG 26
BOARD MEETINGS. 27

(G) A COPY OF A DOCUMENT O R RECORD PRODUCED BY THE COMMUNITY 28
MONITORING BOARD UNDER THIS SECTION SHALL, ON REQUEST, BE PROVIDED TO: 29

(1) THE COMMITTED PERSON; 30

12 HOUSE BILL 658

(2) COUNSEL FOR THE COMMITTED PERSON; 1

(3) THE COURT; 2

(4) THE STATE’S ATTORNEY; OR 3

(5) THE DEPARTMENT. 4

13–5904. 5

THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 6
SUBTITLE. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026 2027. 9

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.