(a)      Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court may dismiss the charge. However, the court may not dismiss a charge:

            (1)      without providing the State's Attorney and a victim or victim's representative who has filed a notification request form under § 11-104 of this article advance notice and an opportunity to be heard; and

            (2)      (i)      until 10 years after the defendant was found incompetent to stand trial in any capital case; or

                  (ii)      until 5 years after the defendant was found incompetent to stand trial in any other case where the penalty may be imprisonment in a State correctional facility.

      (b)      If charges are dismissed under this section, the court shall notify:

            (1)      the victim of the crime charged or the victim's representative who has filed a notification request form under § 11-104 of this article; and

            (2)      the Criminal Justice Information System Central Repository.