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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0713*
SENATE BILL 713
E2 6lr3242
By: Senator Corderman
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Verdict of Not Criminally Responsible – Eligibility for 2
Evaluation for Discharge 3
FOR the purpose of establishing that a person committed to the Maryland Department of 4
Health after a verdict of not criminally responsible for murder in the first degree or 5
murder in the second degree is not eligible for discharge for at least a certain period 6
of time from the date the person was committed; and generally relating to persons 7
found not criminally responsible. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 3–114 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
3–114. 17
(a) A committed person may be released under the provisions of this section and 18
§§ 3–115 through 3–122 of this title. 19
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 20
SUBSECTION, A committed person is eligible for disc harge from commitment only if that 21
person would not be a danger, as a result of a mental disorder or an intellectual disability, 22
to self or to the person or property of others if discharged. 23
2 SENATE BILL 713
(2) A COMMITTED PERSON WHO WAS FOUND NOT CRIMIN ALLY 1
RESPONSIBLE FOR A CHARGE OF MURDER IN THE FIRST DEGREE UNDER § 2–201 OF 2
THE CRIMINAL LAW ARTICLE OR MURDER IN THE SECOND DEGREE UNDER § 2–204 3
OF THE CRIMINAL LAW ARTICLE IS NOT ELIGIB LE FOR DISCHARGE FRO M 4
COMMITMENT FOR AT LEAST THE DURATION OF THE MAXIMUM SENTENCE FOR THE 5
UNDERLYING CRIME FOR WHICH THE PERSON WAS FOUND NOT CRIMINALLY 6
RESPONSIBLE BEGINNING ON THE DATE THE PERSON WAS COMMITTED TO THE 7
MARYLAND DEPARTMENT OF HEALTH. 8
(c) A committed person is el igible for conditional release from commitment only 9
if that person would not be a danger, as a result of a mental disorder or an intellectual 10
disability, to self or to the person or property of others if released from confinement with 11
conditions imposed by the court. 12
(d) To be released, a committed person has the burden to establish by a 13
preponderance of the evidence eligibility for discharge or eligibility for conditional release. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15
apply only prospectively and may not be applied or interpreted to have any effect on or 16
application to any commitment to the Maryland Department of Health that occurred before 17
the effective date of this Act. 18
SECTION 3. AND BE IT FURTHER ENACTED, That t his Act shall take effect 19
October 1, 2026. 20