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Session Laws, 1971
Volume 707, Page 1800   View pdf image
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1800                             Laws of Maryland                      [Ch. 798

appears to the satisfaction of the court, or other person designated
by the court, that public safety and protection reasonably require
detention. No child shall ever be confined in jail or other facility
for the detention of adults, unless in a room or ward entirely sep-
arated from adults. After January 1,, 1972, no child shall ever be
detained in a jail or other facility for the detention of adults or in a
facility to which delinquents have been committed.

(b)    The official in charge of a jail or other facility for the
detention of adult offenders or persons charged with crime shall
inform the court immediately when a child, who is or appears to be
under the age of 18 years, is received at the facility, and shall deliver
him to the court upon request or transfer him to the detention facility
designated by the court.

(c)    When a case is transferred to another court for criminal
prosecution, the child shall promptly be transferred to the appro-
priate officer or detention facility in accordance with the law
governing the detention of such person charged with crime.

(d)    A child alleged to be in need of supervision shall not be
detained in a jail or other facility intended or used for the detention
of adults charged with criminal offense or for children adjudicated
or alleged to be delinquent unless (1) adequate facilities have not
been established, and (2) it appears to the satisfaction of the court
or other person designated by the court that public safety and
protection reasonably require such detention. No child shall ever be
confined in a jail or other facility for the detention of adults, unless
in a room or ward entirely separated from adults. After January 1,
1972, no child alleged to be in need of supervision shall ever be
detained in a jail or other facility for the detention of adults or in a
facility to which children alleged or adjudicated delinquent have
been detained or committed.

(e)    A child alleged to be neglected or dependent shall never be
placed in detention, but only in shelter care facilities maintained
by the Department of Social Services or any agency licensed by the
Department of Social Services, or in such private home or shelter
facility as approved by the court.

(f)    A child alleged to be mentally handicapped shall never be
placed in detention, but only in shelter care or institutional treatment
facilities maintained by the Department of Mental Hygiene or any
agency licensed by the Department of Mental Hygiene.

(g)    In the event any of the provisions of this section should be
inconsistent with any of the provisions of Section 82 of this Article,
then provisions of this section shall be controlling.

Sec. 4. And be it further enacted, That this Act shall take effect
on the first Monday in July, 1971.

Approved May 28, 1971.

 

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Session Laws, 1971
Volume 707, Page 1800   View pdf image
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