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Session Laws, 1982
Volume 742, Page 382   View pdf image
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382                                      LAWS OF MARYLAND                                Ch. 21

The only changes are in style.

As to applications for admissions, see Subtitle 5
of this title.

Defined terms: "Admission" § 7-101
"Mentally retarded individual" § 7-101
"Release" § 7-701

7-704. HABEAS CORPUS.

(A)  RIGHT OF INDIVIDUAL.

ANY INDIVIDUAL WHO HAS BEEN ADMITTED TO A FACILITY OR
VETERANS' ADMINISTRATION HOSPITAL OR ANY PERSON ON BEHALF OF
THE INDIVIDUAL MAY APPLY AT ANY TIME TO A COURT OF COMPETENT
JURISDICTION FOR A WRIT OF HABEAS CORPUS TO DETERMINE THE
CAUSE AND THE LEGALITY OF THE DETENTION.

(B)  RIGHT OF ADMINISTRATION.

THE DIRECTOR, IN THE NAME OF THE ADMINISTRATION, MAY
MAKE AN APPLICATION FOR A WRIT OF HABEAS CORPUS TO DETERMINE
WHETHER A FACILITY PROPERLY ADMITTED OR PROPERLY HOLDS AN
INDIVIDUAL. THE ATTORNEY GENERAL, ON BEHALF OF THE
ADMINISTRATION, SHALL FILE THE APPLICATION WITH THE CIRCUIT
COURT FOR THE COUNTY WHERE THE FACILITY IS LOCATED.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 13.

In subsection (b) of this section, the reference
to the "circuit court" is added, for clarity.

Also in subsection (b) of this section, the
reference to an "individual" is substituted for
the reference to a "mentally retarded person", to
reflect that the admission may be improper
because the admittee is not mentally retarded.

Also in subsection (b) of this section, the
former reference to the "authorized
representative" of the Director is deleted as
unnecessary in light of § 7-204(c) of this title.

The only other changes are in style.

Defined terms: "Administration"     § 7-101

"Admission" § 7-101 "Facility"     § 7-101

"County" § 1-101 "Person" §   1-101
"Director" § 7-101

7-705. JUDICIAL RELEASE.

 

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Session Laws, 1982
Volume 742, Page 382   View pdf image
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