HARRY HUGHES, Governor

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(A)  PETITION AUTHORIZED.

SUBJECT TO THE LIMITATIONS IN THIS SECTION, A PETITION
FOR THE RELEASE OF AN INDIVIDUAL WHO IS HELD UNDER THIS
TITLE FROM A FACILITY OR A VETERANS' ADMINISTRATION HOSPITAL
MAY BE FILED, AT ANY TIME BY:

(1)  THE INDIVIDUAL; OR

(2)  ANY PERSON WHO HAS A LEGITIMATE INTEREST IN
THE WELFARE OF THE INDIVIDUAL.

(B)  JURISDICTION AND VENUE.

THE PETITION SHALL BE FILED IN AN EQUITY COURT IN THE
COUNTY WHERE THE INDIVIDUAL RESIDES OR RESIDED AT THE TIME
OF THE ADMISSION OR WHERE THE FACILITY IS LOCATED.

(C)  RESPONDENTS.

(1)  IF THE INDIVIDUAL IS IN A PUBLIC FACILITY,
THE ADMINISTRATION SHALL BE THE RESPONDENT.

(2)  IF THE INDIVIDUAL IS IN A PRIVATE FACILITY
OR VETERANS' ADMINISTRATION HOSPITAL, IT SHALL BE THE
RESPONDENT.

(D)  FORM AND CONTENTS OF PETITION.

THE PETITION SHALL BE IN THE FORM AND CONTAIN THE
INFORMATION THAT THE MARYLAND RULES REQUIRE.

(E)  TRIAL BY JURY.

IF THE PETITIONER REQUESTS TRIAL BY JURY, THE TRIAL
SHALL BE HELD WITH A JURY AS IN A CIVIL ACTION AT LAW.

(F)  ISSUES TO BE DETERMINED.

THE TRIER OF FACT SHALL DETERMINE:

(1)  WHETHER THE INDIVIDUAL IS A MENTALLY
RETARDED INDIVIDUAL; AND

(2)  IF SO, WHETHER THE INDIVIDUAL NEEDS
IN-RESIDENCE TREATMENT FOR THE PROTECTION OF THE INDIVIDUAL
OR ANOTHER OR FOR ADEQUATE CARE OF THE INDIVIDUAL.

(G)  ACTION BY COURT.

(1) IF THE TRIER OF FACT DETERMINES THAT THE
INDIVIDUAL IS A MENTALLY RETARDED INDIVIDUAL AND NEEDS
IN-RESIDENCE TREATMENT, THE COURT SHALL REMAND THE
INDIVIDUAL TO THE CUSTODY OF THE FACILITY OR VETERANS'
ADMINISTRATION HOSPITAL.