Marvin Mandel, Governor                            939

affidavit showing improvement of the patient's mental condition sub-
sequent to the trial. No such affidavit shall be valid if executed by
a patient of a facility or Veterans' Administration Hospital. When
filed, the petition and affidavit shall be reviewed by the court, and
if the affidavit shows a substantial AN improvement in the patient's
mental condition, the petition shall be heard as provided in this
section. If no substantial improvement in such condition is shown,
the petition shall be dismissed.

16.    Transfer of Mentally Disordered Prisoners.

Upon the application of any authorized representative of the De-
partment of Correction, and payment of appropriate expenses by
the Department, any person confined in a penal institution under
the jurisdiction of the Department of Correction may be admitted
to a facility in accordance with Section 12. The Commissioner may
designate the appropriate facility for such admission. Any release
by a facility prior to the expiration of the penal term being served
by the patient shall be made to the custody of the Department of
Correction. Upon admission to a facility, such patient shall be en-
titled to all rights and subject to all obligations afforded other
involuntarily admitted patients by this subtitle. Periods of confine-
ment in such facilities shall be considered in diminishing total con-
finement pursuant to Article 27, subtitle: "Department of Correc-
tion," subheading: "Prisoners."

17.    Transfer Generally.

(a)  If the Commissioner or his authorized representative de-
termines that:

(1)  any patient can receive better care or treatment; or

(2)  the safety or welfare of other patients would be better en-
sured; or

(3)  the patient would more likely profit from care or treatment
at another facility if such patient is transferred to another facility,
public or private, such transfer may be made. No such transfer
shall be made to a private facility unless such facility agrees.

(b)  Patients who are residents of other states may be transferred
to facilities in the states of their residence by the Commissioner
when such transfers are feasible.

(c)  Any determination made by the Commissioner or his author-
ized representative pursuant to subsections (a) or (b) shall be re-
duced to writing and filed with the patient records of the patient
involved. Such determination, together with notification of the facili-
ity to which the patient is being transferred, shall also be com-
municated to the patient's next of kin or guardian.

(d)  Any patient determined to be entitled to hospitalization bene-
fits in Veterans' Administration Hospital in the State may be trans-
ferred to such hospital by the Commissioner. If such transfer is
effected, the chief officer of such hospital shall be vested with all the
powers and rights of the Department with respect to such patient.

(e)  No female patient may be transported to or from any facility
unless she is accompanied by a female authorized by the facility, or
unless accompanied by her father, husband, adult brother or adult son.