506

LAWS OF MARYLAND

Ch. 21

"whether care should be continued" and an order
for "further care" -- as distinguished from the
references in former Article 43B, § 9(n)(2) to
review if an individual is "still receiving
initial inpatient care" and an order for "further
inpatient care". The differences in language
suggested that Article 43B, § 12(c) might require
semiannual review of the commitment, whether the
individual is receiving inpatient care or
outpatient care at the time of the review.
However, the second sentence of former Article
43B, § 12(c), which limited the total period of
initial inpatient care and prohibited discharge
of an individual -- and, thus, discontinuation of

care -- until at least 2 years after commitment

suggested that the review applies to review of
inpatient care. The Administration indicates
that this revision is in accord with its
understanding of the intent of Ch. 601, Acts of
1981, which amended former Article 43B, §§ 9(n)
and 12(c). The Administration indicates that the
amendments were intended to address the
constitutional problems inherent in confinement
without review. However, the Commission to
Revise the Annotated Code notes, for consideration
by the General Assembly, that under subsection
(c)(2) of this section, if the court does not
authorize continued inpatient care, the court
apparently must terminate the commitment -- i.e.,
the court cannot order outpatient care. The
General Assembly may wish to enable expressly a
court to order outpatient care. The General
Assembly may wish instead to consider whether
subsection (b) of this section should apply to
all commitments.

The introductory phrase of subsection (a) of this
section, "{n}otwithstanding any other provision
of this section", is new language added to
clarify that a court order issued under
subsections (b) or (c) of this section cannot
extend the 2-year limitation on this inpatient
care.

Defined term: "Administration" § 9-101

9-649. OUTPATIENT CARE..

(A) GROUNDS.

(1) THE ADMINISTRATION SHALL RELEASE AN
INDIVIDUAL FOR OUTPATIENT CARE, ON THE CONDITIONS THAT THE
ADMINISTRATION SETS, IF THE ADMINISTRATION DETERMINES THAT
THE INDIVIDUAL HAS MADE SUFFICIENT PROGRESS TO WARRANT
RELEASE.