HARRY HUGHES, Governor

637

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that, while former
Article 59, § 3 contained only a definition of "facility",
references to a "public facility" and "private facility"
appeared throughout the former Article. Cf., former Article
59A, § 3 — now § 7-101 of this article — as to mental
retardation facilities.

Numerous provisions of former Article 59, either from
their context or from specific reference to a "public
facility within the jurisdiction of the Department", clearly
applied only to facilities that now are covered by the new,
defined term "State facility".

A few provisions in former Article" 59 appeared to apply
to public facilities in addition to State facilities: i.e.,
former Article 59, § 37(a)(1), now § 10-706 of this title,
which referred to "any public facility as defined in § 31 of
this article ... or any similar appropriate public facility
providing residential psychiatric treatment"; former Article
59, § 15(a), now § 10-805(c) of this title, which provided
for judicial release and identified the respondents; former
Article 59, § 17(a), now § 10-807(a) of this title, which
generally provided for transfers between facilities; and
former Article 59, § 5, now § 10-401 of this title, which
referred to the responsibility, of the Director "for the
proper administration of all public facilities". Former
Article 59, § 8(d), now § 10-407 of this title, referred to
the responsibility of the Director to "generally supervise
the administration of each public facility within the
jurisdiction of the Department and may determine admission
criteria to such facilities". The latter 2 provisions,
which are similar in meaning, particularly suggest that 2
different groups of facilities were being addressed.

The General Assembly may wish to consider whether the
few broad references to public facilities that are retained
in the revision of this title are meant to refer to
facilities other than State facilities and, if so, to
identify the facilities.

TITLE 11. INTERSTATE COMPACT ON MENTAL HEALTH.
11-101. DEFINITIONS.

(A)  "ARTICLE" DEFINED.

IN THE COMPACT SET FORTH IN THIS TITLE, "ARTICLE" MEANS
AN ARTICLE OF THE COMPACT.

(B)  INAPPLICABILITY OF CERTAIN DEFINITIONS.

THE DEFINITIONS IN § 1-101 OF THIS ARTICLE DO NOT APPLY
TO THE COMPACT SET FORTH IN THIS TITLE.