HARRY HUGHES, Governor

633

(1)  RETURN AN INDIVIDUAL TO THE FACILITY FROM
WHICH THE INDIVIDUAL ESCAPED; AND

(2)  BE USED TO PROTECT INDIVIDUALS OR PROPERTY
AT THE FACILITY.

REVISOR'S NOTE: This section formerly appeared as
Article 59, § 32(b).

The term "administrative head" is substituted for
"superintendent", to standardize the references
to this position.

The phrase "public or private", which formerly
modified "facility", is dele-ted as unnecessary.

The only other changes are in style.

The provisions on special police commissions
appear in Article 41, §§ 60 through 70 of the
Code.

Defined term: "Facility" § 10-101

SUBTITLE 10. PROHIBITED ACTS; PENALTIES; CIVIL LIABILITY.

10-1001. OPERATING WITHOUT LICENSE.

(A)  OPERATION PROHIBITED.

A PERSON MAY NOT OPERATE A PRIVATE, INPATIENT FACILITY
UNLESS LICENSED BY THE DEPARTMENT.

(B)  PENALTY FOR FACILITY OPERATOR.

A PERSON WHO OPERATES A PRIVATE, INPATIENT FACILITY IN
VIOLATION OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000.

(C) PENALTY FOR EMPLOYEES, OFFICERS, OR DIRECTORS AND
OTHER VIOLATORS.

AN EMPLOYEE, OFFICER, OR DIRECTOR OF A PRIVATE,
INPATIENT FACILITY OPERATOR OR ANY OTHER PERSON, WHO
KNOWINGLY PARTICIPATES IN A VIOLATION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 1
YEAR OR BOTH.

(D) ADDITIONAL LIABILITY.

IN ADDITION TO ANY OTHER PENALTIES SPECIFIED IN THIS
SECTION, AN INDIVIDUAL WHO IS ADMITTED OR HELD AGAINST THE
INDIVIDUAL'S WILL BY A PERSON WHO IS OPERATING A PRIVATE,