Bean v. Department of Health & Mental Hygiene

The issue presented in this case is whether, in a release eligibility proceeding under Maryland Code, Criminal Proce dure Article, §§ 3-114 and 3-119 (2006), a person committed to the Department of Health and Mental Hygiene, pursuant to a finding of not criminally responsible, is required as a matter of law to produce expert medical testimony in order to meet his or her evidentiary burden of proving he or she would not be a danger due to a mental disorder or mental retardation if released. The Circuit Court for Baltimore City determined, in granting conditional release to Linwood Bean, that…