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WES MOORE, Governor Ch. 237
Chapter 237
(Senate Bill 412)
AN ACT concerning
Maryland Department of Health – Forensic Review Boards and Community
Forensic Aftercare Program – Established
FOR the purpose of repealing the requirement that a forensic review board provide notice
to certain individuals within a certain time period after issuing a recommendation
to the court; authorizing an authorized agent to attend a forensic review board
meeting virtually; establishing the Community Forensic Aftercare Program in the
Maryland Department of Health to monitor committed persons on conditional
release and individuals with mental illness or intellectual disability who are
required to be monitored under certain circumstances; requiring the Program to
establish a community monitoring board to make certain decisions and
recommendations related to conditional release and out–of–state travel; requiring
that certain court orders be construed in a certain manner regardless of the date on
which the order was issued; and generally relating to forensic review boards and the
Community Forensic Aftercare Program.
BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 3–101(a), (b), and (d) and 3–121(b)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 3–122(a) 3–120.1
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Criminal Procedure
Section 3–120.2
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Health – General
Section 13–5901 through 13–5904 to be under the new subtitle “Subtitle 59.
Community Forensic Aftercare Program”
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
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Ch. 237 2026 LAWS OF MARYLAND
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
3–101.
(a) In this title the following words have the meanings indicated.
(b) “Committed person” means a person committed to the Health Department as
not criminally responsible under the test for criminal responsibility.
(d) “Health Department” means the Maryland Department of Health.
3–120.1.
(a) In this section, “authorized agent” means an individual who is not counsel for
the committed person and who is selected by the committed person to represent the
interests of the committed person in all forensic review board matters.
(b) (1) The Health Department shall establish a forensic review board at each
facility that has charge of a committed person under this subtitle.
(2) A forensic review board may make recommendations relating to the
release or rehabilitation of a committed person under this subtitle.
(c) Each member of a forensic review board shall be a health care provider
licensed under the Health Occupations Article.
(d) (1) At least once each year, each forensic review board shall review each
committed person’s eligibility for release under § 3–114 of this subtitle.
(2) The forensic review board shall, by a majority vote of the members,
determine whether to recommend to the court that a committed person is eligible for
discharge or conditional release, with or without proposed conditions.
(3) (i) Each forensic review board shall maintain a written record
containing its findings and recommendations.
(ii) The written record shall be included in the medical record of the
committed person.
(iii) The findings shall include the reasons for the forensic review
board’s recommendation and a plan for overcoming any barriers to release.
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WES MOORE, Governor Ch. 237
(4) When making a recommendation under this section, a forensic review
board shall consider a written statement offered by the committed person to the forensic
review board.
(5) The forensic review board shall provide notice to a committed person
and the counsel of record for the committed person[:
(i)] at least 10 days before the forensic review board holds a meeting
concerning the committed person[; and
(ii) within 10 days after the forensic review board issues a
recommendation to the court].
(e) (1) Each forensic review board shall have an odd number of members.
(2) Each member of the forensic review board shall have one vote.
(3) (i) A forensic review board may not conduct a review under
subsection (d) of this section unless a quorum is present.
(ii) A majority of the members of the forensic review board is a
quorum.
(f) (1) A committed person may appoint an authorized agent to attend the
[portion] ENTIRETY of a forensic review board meeting concerning the committed person,
EXCEPT FOR THE FINAL VOTING PORTION OF A MEETING.
(2) An authorized agent may be a social worker or a nonlegal
representative employed by the office of the attorney representing the committed person.
(3) An authorized agent may only give and hear arguments.
(4) AN AUTHORIZED AGENT MAY ATTEND A FORENSIC REVIEW BOARD
MEETING VIRTUALLY.
[(4)] (5) Counsel for any party may not attend forensic review board
meetings.
(g) (1) If the committed person’s treatment team determines that the
committed person is eligible for discharge or conditional release before the annual review
scheduled under subsection (d) of this section, the treatment team shall notify the forensic
review board in writing of the need for a release eligibility review.
(2) Within 30 days after receiving notice under paragraph (1) of this
subsection, the forensic review board shall conduct a review in accordance with subsection
(d) of this section.
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Ch. 237 2026 LAWS OF MARYLAND
(3) The treatment team shall provide a written statement that includes the
clinical reasons underlying the determination that the committed person is eligible for
discharge or conditional release.
(4) A copy of the notification made under paragraph (1) of this subsection
and the written statement required under paragraph (3) of this subsection shall be included
in the medical record of the committed person.
(h) A copy of a document or record produced by a forensic review board under this
section shall, on request, be provided to:
(1) the committed person;
(2) counsel for the committed person;
(3) the court;
(4) the State’s Attorney; or
(5) the Health Department.
(i) The committed person’s treatment team shall implement recommendations, if
any, from the forensic review board and make arrangements for necessary treatment to
rehabilitate the committed person in accordance with § 10–706 of the Health – General
Article.
(j) (1) A forensic review board may appoint a representative to testify as to
the Health Department’s position at a release hearing.
(2) If a forensic review board takes a position contrary to the position of the
committed person’s treatment team, the representative appointed under this subsection
may not be a member of the committed person’s treatment team.
(k) The Health Department shall adopt regulations to carry out this section.
3–120.2.
A COURT MAY NOT ISSUE AN ORDER UNDER THIS TITLE THAT AUTHORIZES OR
REQUIRES THE COMMUNITY FORENSIC AFTERCARE PROGRAM TO MAKE CLINICAL
DECISIONS REGARDING THE TREATMENT OF A COMMITTED PERSON.
3–121.
(b) (1) If a court receives a report that alleges that a committed person has
violated a condition of a conditional release, the court promptly shall:
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WES MOORE, Governor Ch. 237
(i) notify:
1. the Health Department;
2. counsel of record for the committed person; and
3. the State’s Attorney; and
(ii) provide the State’s Attorney with the name, address, and
telephone number of the person who reported the violation and a copy of the order for
conditional release.
(2) If the Health Department receives a report that alleges that a
committed person has violated conditional release, the Department shall:
(i) notify:
1. the court;
2. counsel of record for the committed person; and
3. the State’s Attorney; and
(ii) provide the State’s Attorney with the name, address, and
telephone number of the person who reported the violation and a copy of the order for
conditional release.
3–122.
(a) (1) An application to the court for a change in conditional release of a
committed person may be made by:
(i) the Health Department, THE COMMUNITY FORENSIC
AFTERCARE PROGRAM, or the State’s Attorney at any time; or
(ii) the committed person not earlier than 6 months after the court
ordered the conditional release, unless the court for good cause permits an earlier
application.
(2) The applicant for a change in conditional release shall notify the court
and other parties, in writing, of the application and the reasons for the requested change.
(3) On request by any party, the court shall hold a hearing after an
application is made under this subsection to determine whether the applicant has satisfied
the requirements for release under § 3–114 of this title.
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Ch. 237 2026 LAWS OF MARYLAND
Article – Health – General
SUBTITLE 59. COMMUNITY FORENSIC AFTERCARE PROGRAM.
13–5901.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “AUTHORIZED AGENT” MEANS AN INDIVIDUAL WHO IS NOT COUNSEL
FOR THE COMMITTED PERSON AND WHO IS SELECTED BY THE COMMITTED PERSON
TO REPRESENT THE INTERESTS OF THE COMMITTED PERSON IN ALL COMMUNITY
MONITORING BOARD MATTERS.
(C) “COMMITTED PERSON” HAS THE MEANING STATED IN § 3–101 OF THE
CRIMINAL PROCEDURE ARTICLE.
(D) “MENTAL HEALTH TEAM” MEANS THE COMMITTED PERSON’S
INPATIENT BEHAVIORAL HEALTH PROVIDERS AND OUTPATIENT COMMUNITY
BEHAVIORAL HEALTH PROVIDERS.
(E) “PROGRAM” MEANS THE COMMUNITY FORENSIC AFTERCARE
PROGRAM.
(F) “PROGRAM MONITOR” MEANS A LICENSED CERTIFIED SOCIAL
WORKER–CLINICAL WORKER EMPLOYED BY THE PROGRAM TO:
(1) COLLECT AND REVIEW INFORMATION PERTAINING TO A
COMMITTED PERSON’S COMPLIANCE WITH A CONDITIONAL RELEASE ORDER; AND
(2) MAKE BEHAVIORAL HEALTH RECOMMENDATIONS TO THE
COMMITTED PERSON’S BEHAVIORAL HEALTH PROVIDERS AND THE COURT.
13–5902.
(A) THERE IS A COMMUNITY FORENSIC AFTERCARE PROGRAM IN THE
DEPARTMENT.
(B) THE PURPOSE OF THE PROGRAM IS TO MONITOR:
(1) COMMITTED PERSONS ON CONDITIONAL RELEASE; AND
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WES MOORE, Governor Ch. 237
(2) INDIVIDUALS WITH MENTAL ILLNESS OR INTELLECTUAL
DISABILITY WHO ARE REQUIRED TO BE MONITORED UNDER TITLE 3 OF THE
CRIMINAL PROCEDURE ARTICLE.
(C) (1) THE PROGRAM SHALL:
(I) MONITOR COMMITTED PERSONS ON CONDITIONAL
RELEASE IN ACCORDANCE WITH THE ORDER OF THE COURT UNDER TITLE 3 OF THE
CRIMINAL PROCEDURE ARTICLE AND THE RECOMMENDATIONS OF THE
COMMITTED PERSON’S MENTAL HEALTH TEAM;
(II) MONITOR INDIVIDUALS WHO HAVE BEEN:
1. FOUND INCOMPETENT TO STAND TRIAL BUT NOT A
DANGER TO SELF OR THE PERSON OR PROPERTY OF OTHERS UNDER § 3–106 OF THE
CRIMINAL PROCEDURE ARTICLE; AND
2. DISCHARGED FROM A DEPARTMENT FACILITY WITH A
RECOMMENDATION FOR RELEASED FROM CONFINEMENT IN A DEPARTMENT
FACILITY IN ACCORDANCE WITH A COURT ORDER FOR CONDITIONAL RELEASE THAT
REQUIRES COMMUNITY FORENSIC AFTERCARE MONITORING;
(III) MONITOR COMMITTED PERSONS ORDERED BY A COURT TO
BE CONDITIONALLY RELEASED UNDER § 3–114(C) OF THE CRIMINAL PROCEDURE
ARTICLE FOR COMPLIANCE WITH COURT ORDERED CONDITIONS OF RELEASE;
(IV) RECEIVE AND REPORT VIOLATIONS OF A CONDITION OF
CONDITIONAL RELEASE UNDER § 3–121 OF THE CRIMINAL LAW PROCEDURE
ARTICLE; AND
(V) (IV) FILE REVIEW APPLICATIONS FOR CHANGE IN
CONDITIONAL RELEASE ON BEHALF OF THE DEPARTMENT UNDER § 3–122 OF THE
CRIMINAL PROCEDURE ARTICLE.
(2) THE PROGRAM:
(I) MAY NOT MAKE CLINICAL DECISIONS REGARDING THE
TREATMENT OF COMMITTED PERSONS; BUT
(II) MAY MAKE MONITORING DECISIONS AND
RECOMMENDATIONS REGARDING THE TREATMENT OF THE COMMITTED PERSON.
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Ch. 237 2026 LAWS OF MARYLAND
(3) A HEALTH CARE PRACTITIONER–PATIENT RELATIONSHIP MAY
NOT BE DETERMINED TO EXIST BETWEEN A COMMITTED PERSON AND AN
INDIVIDUAL WHO MONITORS INDIVIDUALS OR PROVIDES OTHER SERVICES UNDER
THE PROGRAM.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, AT LEAST
ONCE EVERY 90 DAYS THREE TIMES WITHIN THE 6–MONTH PERIOD IMMEDIATELY
FOLLOWING THE DATE THE COMMITTED PERSON WAS INITIALLY RELEASED FROM A
FACILITY, A PROGRAM MONITOR SHALL HOLD A MEETING WITH:
(I) EACH COMMITTED PERSON MONITORED BY THE PROGRAM;
AND
(II) THE MENTAL HEALTH TEAM OF THE COMMITTED PERSON.
(2) BEGINNING 1 YEAR 6 MONTHS AFTER THE DATE THE COMMITTED
PERSON WAS RELEASED FROM A FACILITY, MEETINGS SHALL BE HELD AS
DETERMINED NECESSARY BY:
(I) THE MENTAL HEALTH TEAM OF THE COMMITTED PERSON;
OR
(II) AT THE REQUEST OF THE PROGRAM.
(3) A COMMITTED PERSON MAY APPOINT AN ADVOCATE, INCLUDING
A DESIGNEE OF COUNSEL OF THE COMMITTED PERSON, TO ATTEND A MEETING HELD
UNDER PARAGRAPHS (1) AND (2) OF THIS SUBSECTION.
(4) IF A MEETING UNDER PARAGRAPH (1) OR (2) OF THIS SUBSECTION
CONCERNS THE COMMITTED PERSON’S COMPLIANCE WITH A CONDITIONAL
RELEASE, THE PROGRAM SHALL NOTIFY THE ADVOCATE OF THE COMMITTED
PERSON AND, IF APPLICABLE, THE DESIGNEE OF COUNSEL OF THE COMMITTED
PERSON OF THE MEETING.
(5) IF A MEETING UNDER PARAGRAPH (1) OR (2) OF THIS SUBSECTION
IS HELD DUE TO AN EMERGENCY INVOLVING THE COMMITTED PERSON, THE
PROGRAM SHALL NOTIFY THE ADVOCATE OF THE COMMITTED PERSON AND, IF THE
COMMITTED PERSON HAS RETAINED COUNSEL, THE COUNSEL OF THE COMMITTED
PERSON OF THE CONTENT OF THE MEETING AS SOON AS PRACTICABLE.
(E) IF THE PROGRAM RECEIVES A REPORT ALLEGING THAT A COMMITTED
PERSON HAS VIOLATED CONDITIONAL RELEASE, THE PROGRAM SHALL:
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WES MOORE, Governor Ch. 237
(1) MAKE THE NOTIFICATIONS REQUIRED UNDER § 3–121(B)(2)(I) OF
THE CRIMINAL PROCEDURE ARTICLE;
(2) PROVIDE THE STATE’S ATTORNEY WITH THE INFORMATION
REQUIRED UNDER § 3–121(B)(2)(II) OF THE CRIMINAL PROCEDURE ARTICLE; AND
(3) IF APPLICABLE, PROVIDE TO THE COUNSEL OF RECORD FOR THE
COMMITTED PERSON THE INFORMATION PROVIDED UNDER ITEM (2) OF THIS
SUBSECTION.
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF THE
PROGRAM RECEIVES A REQUEST FOR RECORDS FOR AN INDIVIDUAL WHO HAS
VIOLATED A CONDITION OF CONDITIONAL RELEASE AND A HEARING UNDER §
3–121(F) OF THE CRIMINAL PROCEDURE ARTICLE HAS BEEN SCHEDULED WITHIN
10 DAYS, THE PROGRAM SHALL PROVIDE THE RECORDS WITHIN 4 5 BUSINESS DAYS
AFTER THE REQUEST IS RECEIVED UNLESS THE PROGRAM IS PROHIBITED UNDER
APPLICABLE FEDERAL OR STATE LAW FROM DISCLOSING THE RECORDS TO THE
REQUESTING PERSON.
(2) (I) SUBJECT TO SUBPARAGRAPHS (II) THROUGH (IV) OF THIS
PARAGRAPH IN ACCORDANCE WITH § 4–307(L) OF THIS ARTICLE, THE PROGRAM
AND ANY HEALTH CARE PROVIDER INVOLVED IN THE TREATMENT OF THE
INDIVIDUAL SHALL DISCLOSE ANY RECORDS WITHOUT THE AUTHORIZATION OF THE
INDIVIDUAL WHO IS THE SUBJECT OF THE RECORD TO A PUBLIC DEFENDER WHO
STATES IN WRITING THAT THE OFFICE OF THE PUBLIC DEFENDER REPRESENTS
THE INDIVIDUAL.
(II) LEGAL RECORDS REQUIRED TO BE DISCLOSED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH INCLUDE AN EMERGENCY PETITION.
(III) THE RECORDS DISCLOSED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH SHALL BE LIMITED TO THOSE RECORDS NEEDED BY THE PUBLIC
DEFENDER TO REPRESENT THE INDIVIDUAL.
(IV) RECORDS PROVIDED UNDER SUBPARAGRAPH (I) OF THIS
SUBSECTION SHALL BE PROVIDED:
1. WITHIN 24 HOURS AFTER THE PROGRAM RECEIVES A
WRITTEN REQUEST FOR THE RECORDS FROM THE PUBLIC DEFENDER; AND
2. ONLY IF THE INDIVIDUAL WHO IS THE SUBJECT OF
THE RECORD HAS NOT YET RETAINED PRIVATE COUNSEL.
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Ch. 237 2026 LAWS OF MARYLAND
13–5903.
(A) THE PROGRAM SHALL ESTABLISH A COMMUNITY MONITORING BOARD
TO MAKE:
(1) RECOMMENDATIONS RELATING TO THE EARLY TERMINATION OF
CONDITIONAL RELEASE;
(2) RECOMMENDATIONS RELATING TO MODIFICATION OF THE
CONDITIONS OF RELEASE;
(3) RECOMMENDATIONS RELATING TO THE EXTENSION OF
CONDITIONAL RELEASE;
(4) DECISIONS RECOMMENDATIONS RELATING TO THE ELIGIBILITY
OF A COMMITTED PERSON TO REMAIN ON CONDITIONAL RELEASE; AND
(5) DECISIONS RELATING TO ANY OUT–OF–STATE TRAVEL REQUEST.
(B) (1) EACH VOTING MEMBER OF THE COMMUNITY MONITORING BOARD
SHALL BE A HEALTH CARE PROVIDER LICENSED UNDER THE HEALTH OCCUPATIONS
ARTICLE.
(2) DECISIONS OF THE COMMUNITY MONITORING BOARD SHALL BE
DETERMINED BY A MAJORITY VOTE.
(3) THE COMMUNITY MONITORING BOARD SHALL HAVE AN ODD
NUMBER OF MEMBERS.
(4) EACH MEMBER OF THE COMMUNITY MONITORING BOARD SHALL
HAVE ONE VOTE.
(5) A COMMUNITY MONITORING BOARD MAY NOT ISSUE A
RECOMMENDATION OR RENDER A DECISION UNDER SUBSECTION (A) OF THIS
SECTION UNLESS A QUORUM IS PRESENT.
(6) A MAJORITY OF THE MEMBERS OF THE COMMUNITY MONITORING
BOARD IS A QUORUM.
(C) (1) A COMMITTED PERSON MAY APPOINT AN AUTHORIZED AGENT TO
ATTEND THE ENTIRETY OF A COMMUNITY MONITORING BOARD MEETING
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WES MOORE, Governor Ch. 237
CONCERNING THE COMMITTED PERSON, EXCEPT FOR THE FINAL VOTING PORTION
OF A MEETING.
(2) AN AUTHORIZED AGENT MAY BE A SOCIAL WORKER OR AN
INVESTIGATOR EMPLOYED BY THE COUNSEL REPRESENTING THE COMMITTED
PERSON.
(3) AN AUTHORIZED AGENT MAY ONLY GIVE AND HEAR ARGUMENTS.
(4) AN AUTHORIZED AGENT MAY ATTEND A COMMUNITY MONITORING
BOARD MEETING VIRTUALLY.
(D) (1) THE COMMUNITY MONITORING BOARD SHALL MAINTAIN A
WRITTEN RECORD CONTAINING ITS FINDINGS, RECOMMENDATIONS, AND
DECISIONS.
(2) THE WRITTEN RECORD SHALL BE INCLUDED IN THE MEDICAL
RECORD OF THE COMMITTED PERSON.
(3) THE FINDINGS SHALL INCLUDE THE REASONS FOR THE
COMMUNITY MONITORING BOARD’S RECOMMENDATION OR DECISION.
(E) (1) WHEN MAKING A RECOMMENDATION OR DECISION UNDER THIS
SECTION, THE COMMUNITY MONITORING BOARD SHALL CONSIDER A WRITTEN
STATEMENT, IF ANY, OFFERED BY THE COMMITTED PERSON TO THE FORENSIC
REVIEW COMMUNITY MONITORING BOARD.
(2) THE COMMUNITY MONITORING BOARD SHALL PROVIDE NOTICE
TO A COMMITTED PERSON AND THE COUNSEL OF RECORD FOR THE COMMITTED
PERSON AS SOON AS PRACTICABLE BUT NO LATER THAN 10 DAYS BEFORE THE
FORENSIC REVIEW COMMUNITY MONITORING BOARD HOLDS A MEETING
CONCERNING THE COMMITTED PERSON.
(3) A COPY OF THIS NOTICE SHALL BE MAINTAINED IN THE
PROGRAM’S RECORDS.
(F) THE OFFICE OF THE ATTORNEY GENERAL MAY PROVIDE LEGAL
COUNSEL TO THE DEPARTMENT AT THE PROGRAM’S COMMUNITY MONITORING
BOARD MEETINGS.
(G) A COPY OF A DOCUMENT OR RECORD PRODUCED BY THE COMMUNITY
MONITORING BOARD UNDER THIS SECTION SHALL, ON REQUEST, BE PROVIDED TO:
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Ch. 237 2026 LAWS OF MARYLAND
(1) THE COMMITTED PERSON;
(2) COUNSEL FOR THE COMMITTED PERSON;
(3) THE COURT;
(4) THE STATE’S ATTORNEY; OR
(5) THE DEPARTMENT.
13–5904.
THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS
SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That an order issued by a court
under Title 3 of the Criminal Procedure Article may not be construed to authorize or require
the Community Forensic Aftercare Program to make clinical decisions regarding the
treatment of committed persons, regardless of the date on which the order was issued.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
take effect October 1, 2026 2027.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect June 1, 2026.
Approved by the Governor, April 28, 2026.
– 12 –Every fact on this page links to its source, starting with the official bill record.