STATE OF MARYLAND v. LARRY DIXON
Court of Special Appeals, Berger, Sept. 30, 2016,
Competency Evaluation- A Court may direct DHMH to confine a defendant in a medical facility pending a competency evaluation under CP 3-105 or an NCR evaluation under CP 3-111 where there has been an appropriate finding that it is necessary to protect the defendant’s safety.

July 3, 2015, SWD officers responded to a shooting at 3429 West Caton Ave. On arrival they observed Dixon, who appeared very agitated. When an officer tried to calm Dixon down, he replied “How can I not be excited? I just shot someone.”
The trial court ordered DHMH to conduct a competency evaluation. The psychologist assigned requested an extension for pre-trial evaluation through Perkins, noting that depending on the assessment “the evaluation may be conducted on an inpatient or outpatient basis.”

The trial court granted the extension, but ordered that Dixon be transported to Perkins and admitted there until further order.

Competency:
“not competent to stand trial”:
he or she is not able (1) to understand the nature or object of the proceeding; or (2) to assist in [his] defense.” C.P. 3-101(f).
“competent to stand trial” means that a defendant has the “present ability to consult with his lawyer with a reasonable degree of rational understanding” and a “rational as well as factual understanding of the proceedings against him.”

Not Criminally Responsible CP 3-109:
at the time of that conduct, the defendant, because of a mental disorder or mental retardation, lacks substantial capacity to:
(1) appreciate the criminality of that conduct; or
(2) conform that conduct to the requirements of law