616

LAWS OF MARYLAND

Ch. 21

exclude these individuals from examination
requirements.

Subsection (d) of this section is revised to
reflect the substance of former Article 59, §§
11(f) and (g) and 12(e), rather than merely to
cross-reference those provisions.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (c) of this section imposes
requirements for conditional release from a State
facility that are not imposed for conditional
release from other facilities. The General
Assembly may wish to consider whether these
differences are intentional.

Defined terms: "Admission" § 10-101
"County" § 1-101 "Person" § 1-101
"Director" § 10-101 "Physician" § 1-101
"Facility" § 10-101 "Release" § 10-801
"Includes"/                             "State facility" § 10-101

"including" § 1-101 "Treatment" § 10-101
"Mental disorder" § 10-101

10-807. TRANSFERS BETWEEN FACILITIES.

(A)  MATTERS FOR DETERMINATION.

THE DIRECTOR MAY TRANSFER AN INDIVIDUAL FROM A PUBLIC
FACILITY TO ANOTHER PUBLIC FACILITY OR, IF A PRIVATE
FACILITY AGREES, TO THAT PRIVATE FACILITY, IF THE DIRECTOR
FINDS THAT:

(1)  THE INDIVIDUAL EITHER CAN RECEIVE BETTER
CARE OR TREATMENT IN OR WOULD BE MORE LIKELY TO BENEFIT FROM
CARE OR TREATMENT AT THE OTHER FACILITY; OR

(2)  THE SAFETY OR WELFARE OF OTHER INDIVIDUALS
WOULD BE FURTHERED.

(B)  RESIDENTS OF OTHER STATES.

THE DIRECTOR MAY TRANSFER ANY INDIVIDUAL WHO IS A
RESIDENT OF ANOTHER STATE TO A FACILITY IN THAT STATE IF THE
DIRECTOR FINDS THAT THE TRANSFER IS FEASIBLE.

(C)  RECORD; NOTICE.

(1) ANY FINDING THAT THE DIRECTOR MAKES UNDER
SUBSECTION (A) OR (B) OF THIS SECTION SHALL BE IN WRITING
AND FILED WITH THE RECORDS OF THE INDIVIDUAL INVOLVED.

(2) A COPY OF THE FINDING AND THE NOTICE TO THE