612

LAWS OF MARYLAND

Ch. 21

(G) ACTION BY COURT.

(1)  IF THE TRIER OF FACT FINDS THAT THE
INDIVIDUAL HAS A MENTAL DISORDER AND NEEDS IN RESIDENCE
INPATIENT MEDICAL CARE OR TREATMENT, THE COURT SHALL REMAND
THE INDIVIDUAL TO THE CUSTODY OF THE FACILITY OR VETERANS'
ADMINISTRATION HOSPITAL.

(2)  IF THE TRIER OF FACT FINDS THAT THE
INDIVIDUAL DOES NOT HAVE A MENTAL DISORDER OR HAS A MENTAL
DISORDER, BUT DOES NOT NEED IN RESIDENCE INPATIENT MEDICAL
CARE OR 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 FILED UNDER THIS SECTION, A COURT MAY NOT HEAR A
LATER PETITION FOR THE INDIVIDUAL WITHIN 1 YEAR AFTER THAT
DETERMINATION, UNLESS THE PETITION IS ACCOMPANIED BY A VALID
AFFIDAVIT THAT THE COURT, AFTER REVIEW OF THE PETITION AND
AFFIDAVIT, DETERMINES TO SHOW AN IMPROVEMENT IN THE MENTAL
CONDITION OF THE INDIVIDUAL AFTER THE DETERMINATION.

(2)  AN AFFIDAVIT IS NOT VALID IF EXECUTED BY AN
INDIVIDUAL UNDER CARE OR TREATMENT IN A FACILITY OR
VETERANS' ADMINISTRATION HOSPITAL.

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

(4)  IF THE AFFIDAVIT DOES NOT SHOW IMPROVEMENT
IN THE INDIVIDUAL'S MENTAL CONDITION, THE PETITION SHALL BE
DISMISSED.

REVISOR'S NOTE: This section formerly appeared as
Article 59, § 15.

In subsection (a) of this section, the reference
to an individual held "under this title" is added
to reflect that, unless otherwise provided, this
section applies only to detention under this
title. See, e.g., § 12-114(c) of this article;
cf., § 12-104 of this article.