(III) STATES THE PERTINENT FACTS ON WHICH THE OPINION IS

BASED.

(5) A COPY OF THE PETITION SHALL BE SERVED ON THE ATTORNEY
GENERAL AND THE OFFICE OF THE STATE'S ATTORNEY THAT PROSECUTED THE
INMATE, IN ACCORDANCE WITH THE SERVICE REQUIREMENTS OF THE MARYLAND
RULES.

(6) UNLESS THE INMATE IS ALREADY REPRESENTED BY COUNSEL, THE
COURT PROMPTLY SHALL APPOINT THE PUBLIC DEFENDER OR, IF THE PUBLIC
DEFENDER FOR GOOD CAUSE DECLINES REPRESENTATION, OTHER COUNSEL TO
REPRESENT THE INMATE IN THE PROCEEDING.

(7) UNLESS THE STATE'S ATTORNEY STIPULATES TO THE INMATE'S
INCOMPETENCE, THE STATE'S ATTORNEY SHALL CAUSE THE INMATE TO BE
EXAMINED AND EVALUATED BY ONE OR MORE PSYCHIATRISTS SELECTED BY THE
STATE'S ATTORNEY.

(8) IF THE INMATE'S REQUEST IS REASONABLE AND TIMELY MADE, AN
INMATE IS ENTITLED TO BE INDEPENDENTLY EXAMINED BY A PSYCHIATRIST THAT
THE INMATE SELECTS.

(9) UNLESS, WITH THE COURT'S APPROVAL, THE PARTIES WAIVE A
HEARING, THE ADMINISTRATIVE JUDGE OF THE COURT SHALL DESIGNATE A TIME
FOR AN EVIDENTIARY HEARING TO DETERMINE THE INMATE'S COMPETENCE.

(E) HEARING.

(1) A HEARING UNDER THIS SECTION SHALL BE HELD WITHOUT A JURY:

(I) IN COURT;

(II) AT THE PLACE WHERE THE INMATE IS CONFINED; OR

(III) AT ANOTHER CONVENIENT PLACE.

(2) AT THE HEARING, THE INMATE:

(I) SUBJECT TO REASONABLE RESTRICTIONS RELATED TO THE
INMATE'S CONDITION, MAY BE PRESENT;

(II) THROUGH COUNSEL, MAY OFFER EVIDENCE, CROSS-EXAMINE
WITNESSES AGAINST THE INMATE, AND MAKE ARGUMENT; AND

(III) HAS THE BURDEN OF ESTABLISHING INCOMPETENCE BY A
PREPONDERANCE OF THE EVIDENCE.

(F) ORDER

THE COURT SHALL ENTER AN ORDER THAT:

(1) DECLARES THE INMATE TO BE COMPETENT OR INCOMPETENT; AND

(2) STATES THE FINDINGS ON WHICH THE DECLARATION IS BASED.