SPIRO T. AGNEW, Governor                        915

CHAPTER 488
(Senate Bill 14)

AN ACT to repeal and re-enact, with amendments, Section 43 of
Article 59 of the Annotated Code of Maryland (1964 Replacement
Volume), title "Lunatics and Insane," subtitle "Department of
Mental Hygiene," to authorize the removal of prisoners from any
of the State correctional institutions or facilities to the jurisdiction
of the Department of Mental Hygiene for a determination of sanity,
to provide for the expense of removal, for the return of such
prisoners to the Department of Correction or further retention
under the jurisdiction of the Mental Hygiene Department and to
correct erroneous references therein.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 43 of Article 59 of the Annotated Code of Maryland
(1964 Replacement Volume), title "Lunatics and Insane," subtitle
"Department of Mental Hygiene," be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

43.

Whenever the [Board] Department of Correction may deem it
necessary it may request the Department of Mental Hygiene to
examine and pass upon the mental condition of the convicts confined
in [the penitentiary or house of correction] any institution or faci-
lity under the jurisdiction of the Department of Correction and if
the convict or convicts so examined be adjudged insane or feeble-
minded by [said] the Department of Mental Hygiene, and the re-
moval of such convict or convicts be deemed advisable said Depart-
ment of Mental Hygiene shall order [said Board] the Department
of Correction to remove such insane or feeble-minded convict or
convicts to some insane asylum within the State to be designated in
such order of removal. All the expense incurred in the removal of
such insane or feeble-minded convict or convicts shall be borne by
[said Board] the Department of Correction and the maintenance
in such asylum of such insane or feeble-minded convict or convicts
shall be met in the manner provided in this article for other insane,
lunatic or feeble-minded persons. If at any time after being
removed to such asylum any such convict or convicts shall, in the
opinion of said Department of Mental Hygiene recover his reason
before the expiration of the term for which he was sentenced [to
the penitentiary or house of correction], he shall be returned
[thereto] to the jurisdiction of the Department of Correction at the
expense of such asylum, there to be kept until such term shall expire,
or until otherwise discharged in due course of law. If any of such
convicts shall, in the opinion of said Department of Mental Hygiene
be still insane, lunatic or feeble-minded at the expiration of the
term for which he was sentenced [to the penitentiary or house of
correction], THE NEED FOR CONTINUED HOSPITALIZATION
SHALL BE CERTIFIED BY TWO PHYSICIANS NOT CON-
NECTED WITH THE HOSPITAL AND he shall remain in such
asylum until in the opinion of said Department of Mental Hygiene
he shall have recovered his reason IT SHALL BE DETERMINED
THAT HE IS NO LONGER A DANGER TO HIMSELF, NOR TO
OTHERS, OR NOR TO THE PROPERTY OF OTHERS BY REA-
SON OF MENTAL ILLNESS.