IF CHARGES ARE DISMISSED BECAUSE THE DEFENDANT IS INCOMPETENT TO STAND TRIAL, THE STATE MAY RECHARGE THE DEFENDANT
A Defendant must be competent to stand trial throughout the entire trial, including sentencing. In Maryland, the Defendant is rebuttably presumed to be competent to stand trial until the presumption is rebutted. To rebut the presumption, first, the Defendant must raise the issue of competency to stand trial. If so, the court refers the Defendant to the Department of Health & Mental Hygiene (DHMH) for evaluation of his competency to stand trial. If the DHMH evaluation shows evidence that the Defendant is not competent to stand trial, the issue of incompetency has been generated, and the court conducts a hearing. Based on the hearing, the Defendant is incompetent to stand trial unless the State can persuade the court, beyond a reasonable doubt, that the Defendant (1) has the ability to rationally and factually assist trial counsel, and (2) understands the nature and object of the proceedings against him.
If the court rules that the State has not persuaded it, beyond a reasonable doubt, that the Defendant (1) understands the nature and object of the proceedings against him, and (2) can rationally and factually assist counsel, the Defendant is deemed to be incompetent to stand trial. At that point, if trial has commenced, it must cease, and if trial has not commenced, it may not commence. The court must determine whether an incompetent Defendant poses a danger to self, to others, and/or to the property of others. If so, the Defendant must be detained during the time of such dangerousness. If dangerous, the Defendant must be detained until competent to stand trial or until the court determines that the Defendant no longer poses a danger. While detained, the Defendant is evaluated by the DHMH for dangerousness on an annual basis.
Maryland law requires that a Defendant who has remained incompetent to stand trial for a statutory period must be released unless the State can demonstrate “extraordinary cause” for continuing to charge the Defendant. The mandatory release period is ten years for capital cases, five years for felonies and crimes of violence, and three years or the maximum sentence for other cases. If the Defendant remains incompetent to stand trial for the statutorily mandated period, the charges are dismissed “without prejudice.”
On December 18, 2012, the Court of Appeals of Maryland filed Ray v. State, holding that the State may recharged a Defendant, even though state law required dismissal of the charges after a statutory period of incompetency. In 2009, in Ray I, the Court of Appeals held that, after a statutory period of incompetency (in that case, five years), if the Defendant had not become competent to stand trial, the charges must be dismissed. In Ray, the State subsequently re-charged the Defendant.
In Ray II, the Court of Appeals held (7-to-0) that it is permissible for the State to recharge the Defendant. However, the Court held that a continued incompetency commitment is improper unless the State could prove that (1) the Defendant is dangerous, and (2) there is a substantial probability that the Defendant will become competent in the foreseeable future. The Court held that the earlier dismissal of criminal charges, because of the period of incompetency, creates a rebuttable presumption that there is no substantial likelihood that the Defendant will become competent to stand trial in the foreseeable future. The Court stated that, if the Defendant is not restorable to competency in the foreseeable future, the Circuit Court should initiate a civil commitment proceeding, with the State having the burden, by clear and convincing evidence, to prove that the Defendant is dangerous and not entitled to release.
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