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Session Laws, 1982
Volume 742, Page 618   View pdf image
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618

LAWS OF MARYLAND

Ch. 21

(3) RETENTION, CUSTODY, TRANSFER, PAROLE, AND
RELEASE OF THE COMMITTED INDIVIDUAL ARE GOVERNED BY THE LAW
OF THE COMMITTING STATE.

(D)  BY FACILITY.

(1)  THE ADMINISTRATIVE HEAD OF A FACILITY MAY
TRANSFER ANY INDIVIDUAL TO A FEDERAL AGENCY FOR CARE OR
TREATMENT IF THE FEDERAL AGENCY CERTIFIES THAT FACILITIES
ARE AVAILABLE FOR THE INDIVIDUAL AND THAT THE INDIVIDUAL IS
ELIGIBLE FOR CARE OR TREATMENT.

(2)  THE FACILITY SHALL GIVE A PROPER OFFICER OF
THE COURT THAT ORDERED COMMITMENT NOTICE OF THE TRANSFER
WHEN IT IS MADE.

(3)  AN INDIVIDUAL MAY NOT BE TRANSFERRED UNDER
THIS SUBSECTION IF THE INDIVIDUAL IS CONFINED UNDER A
CONVICTION OF A CRIME OR IF THE INDIVIDUAL IS COMMITTED
UNDER TITLE 12 OF THIS ARTICLE UNLESS, AFTER APPROPRIATE
MOTION AND HEARING, THE COURT OR OTHER AUTHORITY THAT
COMMITTED THE INDIVIDUAL ORDERS THE TRANSFER.

(E)   STATUS.

ANY INDIVIDUAL TRANSFERRED UNDER THIS SECTION IS DEEMED
TO BE COMMITTED TO THE FEDERAL AGENCY UNDER THE ORIGINAL
COMMITMENT.

(F)  APPLICABILITY TO RESIDENTS AND NONRESIDENTS.

THIS SECTION APPLIES TO RESIDENTS AND NONRESIDENTS OF
THIS STATE FOUND IN THIS STATE OR ON ANY FEDERAL RESERVATION
IN THIS STATE.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to avoid repetition of phrases
such as "Veterans' Administration or any other
agency of the United States".

Subsections (b) through (f) of this section
formerly appeared as Article 59, § 17(d), (f),
(g), (h), and (i).

In subsection (d)(1) of this section, the former
reference to a facility "for the mentally ill or
other institution for the care of ... persons
similarly afflicted" is deleted as unnecessary in
light of the definition of "facility".

In subsection (d)(3) of this section, the
reference to an individual "committed under Title
12 of this article" is substituted for the
reference to an individual "acquitted of the

 

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Session Laws, 1982
Volume 742, Page 618   View pdf image
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