HARRY HUGHES, Governor

385

In subsection (i) of this section, the word
"{a} Impropriate" is added to recognize that, in
practice, a verbatim transcript of proceedings is
not filed. Instead, the clerk of court
summarizes, in a letter, the proceedings and
their effect, and the letter is filed in the
record of the individual..

The only other changes are in style.

The Commission to Revise the Annotated Code takes

no position on whether the petition must be filed

in federal court if the individual is in a
Veterans' Administration hospital.

Defined terms: "Administration" § 7-101
"Admission" § 7-101 "Person" § 1-101
"County" § 1-101 "Private facility" § 7-101
"Facility" § 7-101 "Public facility" § 7-101
"Mentally retarded "Release" § 7-701
individual" § 7-101 "Treatment" § 7-101

7-706. ADMINISTRATIVE RELEASE.

(A)  "RESPONSIBLE OFFICIAL" DEFINED.

IN THIS SECTION, "RESPONSIBLE OFFICIAL" MEANS:

(1)  IF THE INDIVIDUAL IS HELD IN A STATE
FACILITY, THE DIRECTOR; OR

(2)  IF THE INDIVIDUAL IS HELD IN A VETERANS'
ADMINISTRATION HOSPITAL, THE CHIEF OFFICER OF THE VETERANS'
ADMINISTRATION HOSPITAL.

(B)  FULL RELEASE.

AT THE DIRECTION OF THE RESPONSIBLE OFFICIAL, AN
INDIVIDUAL WHO HAS BEEN ADMITTED UNDER THIS TITLE SHALL BE
RELEASED FROM A STATE FACILITY OR A VETERANS' ADMINISTRATION
HOSPITAL IF THE INDIVIDUAL:

(1)  IS NOT A MENTALLY RETARDED INDIVIDUAL; OR

(2)  IS A MENTALLY RETARDED INDIVIDUAL BUT DOES
NOT NEED IN-RESIDENCE TREATMENT TO PROTECT THE INDIVIDUAL OR
ANOTHER.

(C)  CONDITIONAL RELEASE.

(1) AT THE DIRECTION OF THE RESPONSIBLE
OFFICIAL, ANY INDIVIDUAL WHO HAS. BEEN ADMITTED UNDER THIS
TITLE MAY BE RELEASED CONDITIONALLY FROM A STATE FACILITY OR
A VETERANS' ADMINISTRATION HOSPITAL, IF, IN THE JUDGMENT OF
THE RESPONSIBLE OFFICIAL, THE INDIVIDUAL: