Marvin Mandel, Governor                           977

ject to such reasonable limitations as may be imposed by the facility.
All correspondence shall be forwarded to the addressee without delay
and without being opened, except under the direction of the addressee.

(2)    have access to telephones and shall be permitted to telephone
any person who has advised the facility, in writing, of his willing-
ness to receive such telephone communications.

(3)    be entitled to receive visits from an attorney or clergyman
of his choice. Each facility shall establish reasonable visiting hours
for all other persons who may wish to visit the mentally retarded
person.

(b) When for his or her own welfare a mentally retarded per-
son is restricted from utilizing writing instruments without the
presence of another, or when the person is restricted from receiving
visitors, other than an attorney or clergyman, such restrictions shall
be made a permanent part of the person's records and shall be
signed by the superintendent.

35.    Civil Rights of Mentally Retarded Persons.

No mentally retarded person in any facility shall be deprived of
his right to vote, receive, hold and dispose of property unless he has
been declared to be incompetent by a court in accordance with the
provisions of Article 16 of this Code.

36.    Penalties.

Any person who knowingly interferes with the rights of any men-
tally retarded person in a facility as specified in this subtitle is
guilty of a misdemeanor and upon conviction thereof shall be im-
prisoned for a period not to exceed two years, or fined an amount not
to exceed $5,000, or both.

37.

THE SECRETARY OF HEALTH AND MENTAL HYGIENE
SHALL DEVELOP A DEFINITION OF NON-RETARDED DE-
VELOPMENTAL DISABILITY AND SHALL DEVELOP A COM-
PREHENSIVE PLAN OF DAY PROGRAMS AND RESIDENTIAL
SERVICES FOR THE NON-RETARDED DEVELOPMENT ALLY
DISABLED; PROVIDED, HOWEVER, THAT BY JULY 1, 1974,
THE COMPREHENSIVE PLAN SHALL BE OPERATING UN-
DER THE JURISDICTION OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE.

SEC. 3. AND BE IT FURTHER ENACTED, THAT NOTH-
ING CONTAINED IN THIS ACT SHALL BE CONSTRUED
TO LIMIT OR TERMINATE THE BENEFITS, CARE AND
TREATMENT RECEIVED BY ANY PERSON ON JUNE 30, 1972,
IN ANY PROGRAM OR FACILITY FOR THE MENTALLY RE-
TARDED UNDER THE JURISDICTION OF THE DEPART-
MENT OF HEALTH AND MENTAL HYGIENE, AND ELIGI-
BILITY FOR SAID BENEFITS, CARE AND TREATMENT RE-
CEIVED BY SAID PERSON SHALL CONTINUE UNTIL
CHANGED PURSUANT TO LAW.