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2734
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Ch. 678
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LAWS OF MARYLAND
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(C) BASED UPON THIS INFORMATION AND ITS
EXAMINATION OF THE PERSON, THE EVALUATION TEAM SHALL
DETERMINE WHETHER IN ITS OPINION, OF IN THE OPINION OF A
MAJORITY OF THE TEAM, THE PERSON IS A DEFECTIVE
DELINQUENT AN ELIGIBLE PERSON. THE EVALUATION TEAM SHALL
STATE ITS FINDINGS IN A WRITTEN REPORT WHICH SHALL BE
DELIVERED TO THE DIRECTOR. THE REPORT SHALL STATE IN
DETAIL THE REASONING SUPPORTING THE TEAM'S CONCLUSION
WITH RESPECT TO EACH OF THE CRITERIA FOR DEFECTIVE
DELINQUENCY AN ELIGIBLE PERSON SET FORTH IN § 1(E) (G).
9. TRANSFER TO INSTITUTION.
(A) IF THE EVALUATION TEAM CONCLUDES THAT THE
PERSON IS NOT A DEFECTIVE DELINQUENT AN ELIGIBLE PERSON,
THE DIRECTOR SHALL NOTIFY THE COMMISSIONER AND SEND TO
HIM A COPY OF THE TEAM'S REPORT. WITHIN 30 DAYS AFTER
THAT NOTICE, THE PERSON SHALL BE DELIVERED TO THE
APPROPRIATE CORRECTIONAL FACILITY DESIGNATED BY THE
COMMISSIONER.
(B) IF THE EVALUATION TEAM CONCLUDES THAT THE
PERSON IS A DEFECTIVE DELINQUENT AN ELIGIBLE PERSON, THE
DIRECTOR SHALL NOTIFY THE COMMISSIONER, AND THE PERSON
SHALL REMAIN AT THE INSTITUTION FOR TREATMENT.
(C) AN INDIVIDUALIZED WRITTEN TREATMENT INCLUDING
TREATMENT GOALS PLAN SHALL BE PREPARED, FILED WITH THE
DIRECTOR, AND IMPLEMENTED FOR EACH DEFECTIVE DELINQUENT
ELIGIBLE PERSON. THE TREATMENT PLAN AND THE INMATE'S
PROGRESS UNDER IT SHALL BE REVIEWED BY THE DIRECTOR OR
AN ASSOCIATE DIRECTOR FOR TREATMENT AT APPROPRIATE
INTERVALS BUT AT LEAST EVERY SIX MONTHS.
(D) A PERSON'S STATUS AS A DEFECTIVE DELINQUENT AN
ELIGIBLE PERSON AND HIS PROGRESS UNDER HIS TREATMENT PLAN
SHALL BE REVIEWED BY THE BOARD OF REVIEW FOLLOWING A NEW
EVALUATION BY AN EVALUATION TEAM AT LEAST ONCE A YEAR.
THE BOARD OF REVIEW SHALL MAKE APPROPRIATE WRITTEN
RECOMMENDATIONS FOR THE FUTURE TREATMENT AND STATUS OF
THE PERSON FOLLOWING ITS REVIEW. A COPY OF THESE
RECOMMENDATIONS SHALL BE MAINTAINED AS PART OF THE
PERSON'S FILE.
(E) A SURGICAL OPERATION MAY NOT BE PERFORMED AS
PART OF THE PSYCHOTHERAPEUTIC TREATMENT OF A DEFECTIVE
DELINQUENT AN ELIGIBLE PERSON UNLESS (1) AUTHORIZED BY
THE DIRECTOR AND THE BOARD, AND (2) WITH THE WRITTEN
CONSENT OF THE DEFECTIVE DELINQUENT, HIS NEAREST
RELATIVE, OR ORDER OF A COURT OF COMPETENT JURISDICTION
ELIGIBLE PERSON.
(F) A PERSON TRANSFERRED TO THE INSTITUTION FOR
EVALUATION OR TREATMENT REMAINS IN THE CUSTODY OF THE
DIVISION OF CORRECTION AND UNDER THE SENTENCE IMPOSED ON
HIM, BUT HE IS SUBJECT TO THE IMMEDIATE CONTROL OF THE
INSTITUTION AND ITS STAFF.
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