(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. (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 of a forensic review board meeting concerning the committed person. (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) 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. (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.
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