HARRY HUGHES, Governor

609

10-802. DUTY OF DIRECTOR.

IF THE DIRECTOR FINDS THAT ANY INDIVIDUAL IS HELD BY A
FACILITY IN A MANNER CONTRARY TO LAW, THE DIRECTOR SHALL
BEGIN APPROPRIATE PROCEEDINGS FOR RELEASE OF THAT
INDIVIDUAL.

REVISOR'S NOTE: This section is new language derived
from the second sentence of former Article 59, §
8(g), which related to individuals held by a
"private facility".

This section is revised to apply to the holding
of an individual by any facility, whether public
or private. This revision is based on the first
sentence of former Article 59, § 8(g), which
stated that the Director could order the release
of any individual held improperly by the
Department or a public facility. This former
statement was overly broad in light of provisions
for court-ordered commitments of individuals;
see, e.g., § 10-808 of this subtitle and the
referenced Title 12 of this article. Also, the
former provision authorized, rather than
required, action by the Director. In light of
the revision of this section, the first sentence
of former Article 59, § 8(g) is deleted.

Defined terms: "Director" § 10-101
"Facility" § 10-101 "Release" § 10-801

10-803. VOLUNTARY ADMISSIONS.

(A)  INFORMAL REQUEST.

AN INDIVIDUAL WHO IS ADMITTED VOLUNTARILY TO A
FACILITY, ON AN INFORMAL REQUEST, MAY LEAVE THE FACILITY AT
ANY TIME BETWEEN 9 A.M. AND 4 P.M., UNLESS THE ADMISSION
STATUS OF THE INDIVIDUAL HAS BEEN CHANGED TO AN INVOLUNTARY
ADMISSION.

(B)  FORMAL APPLICATIONS -- IN GENERAL.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN INDIVIDUAL WHO HAS BEEN ADMITTED VOLUNTARILY,
UNDER A FORMAL WRITTEN APPLICATION, MAY NOT BE HELD FOR MORE
THAN 3 DAYS AFTER THE INDIVIDUAL ASKS FOR RELEASE, UNLESS
THE ADMISSION STATUS OF THE INDIVIDUAL HAS BEEN CHANGED TO
AN INVOLUNTARY ADMISSION.

(2)  IF THE INDIVIDUAL HAS BEEN ADMITTED
VOLUNTARILY, UNDER A FORMAL WRITTEN APPLICATION, PRIMARILY
FOR CARE OR TREATMENT OF ALCOHOLISM, THE INDIVIDUAL MAY NOT
BE HELD FOR MORE THAN 7 DAYS AFTER THE INDIVIDUAL ASKS FOR