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Family survivors and prosecutors back extending competency deadline for serious charges; disability advocates oppose

House Judiciary Committee · January 28, 2026
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Summary

HB 180 would allow courts to hold charges open up to 10 years for defendants found incompetent in very serious cases; state prosecutors and a victim's family urged the change for public-safety reasons, while Disability Rights Maryland and public defenders warned it prolongs detention of people unlikely to be restored.

Delegate John Carden introduced HB 180 to the House Judiciary Committee, asking lawmakers to restore a prior 10‑year period (reduced to five years in 2012) before mandatory dismissal of certain charges against defendants found incompetent to stand trial for the most serious offenses.

Supporters from the Maryland State's Attorneys Association and a victim’s family described cases where defendants found incompetent to stand trial posed ongoing risks and where restoration treatment can take many years. Tracy Varda, who runs…

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