384                                      LAWS OF MARYLAND                                Ch. 21

(2) IF THE TRIER OF FACT DETERMINES THAT THE
INDIVIDUAL IS NOT A MENTALLY RETARDED INDIVIDUAL OR IS A
MENTALLY RETARDED INDIVIDUAL, BUT DOES NOT NEED IN-RESIDENCE
TREATMENT, THE INDIVIDUAL SHALL BE RELEASED FROM THE
FACILITY OR VETERANS' ADMINISTRATION HOSPITAL.

(H) APPEALS.

ANY PARTY MAY APPEAL FROM A DECISION ON THE PETITION AS
IN ANY OTHER CIVIL CASE.

(I) RECORDS OF PROCEEDINGS.

APPROPRIATE RECORDS OF THE PROCEEDING UNDER THIS
SECTION SHALL BE MADE A PERMANENT PART OF THE INDIVIDUAL'S
RECORD.

(J) LATER REVIEW.

(1)  AFTER A DETERMINATION ON THE MERITS OF A
PETITION UNDER THIS SECTION, A COURT MAY NOT HEAR A LATER
PETITION FOR THE INDIVIDUAL WITHIN 1 YEAR AFTER THAT
DETERMINATION, UNLESS:

(I)  THE PETITION IS ACCOMPANIED BY AN
AFFIDAVIT THAT SHOWS AN IMPROVEMENT IN THE CONDITION OF THE
MENTALLY RETARDED INDIVIDUAL AFTER THE DETERMINATION; AND

(II)  THE COURT, AFTER REVIEW OF THE

PETITION AND AFFIDAVIT, DETERMINES THAT THE MATTER SHOULD BE
REOPENED.

(2)  IF THE MATTER IS REOPENED, THE PETITION
SHALL BE HEARD AS PROVIDED IN THIS SECTION.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 14.

Throughout this section, reference to an
"individual" is substituted for "mentally
retarded person", since the individual for whom
release is sought may not be a mentally retarded
individual.

In subsection (b) of this section, the former
reference to Baltimore City is deleted as
unnecessary in light of the use of the defined
term "county".

In subsection (g)(1) of this section, the phrase
"trier of fact" is substituted for "jury or court
sitting as a jury", for brevity.