642

LAWS OF MARYLAND

Ch. 21

(E) NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
INVALIDATE ANY RECIPROCAL AGREEMENT BETWEEN A PARTY STATE
AND A NON-PARTY STATE RELATING TO INSTITUTIONALIZATION, CARE
OR TREATMENT OF THE MENTALLY ILL, MENTALLY DEFICIENT, OR ANY
STATUTORY AUTHORITY PURSUANT TO WHICH SUCH AGREEMENT MAY BE
MADE.

ARTICLE VIII

(A)  NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
ABRIDGE, DIMINISH, OR IN ANY WAY IMPAIR THE RIGHTS, DUTIES,
AND RESPONSIBILITIES OF ANY PATIENT'S GUARDIAN ON HIS OWN
BEHALF OR IN RESPECT OF ANY PATIENT FOR WHOM HE MAY SERVE,
EXCEPT THAT WHERE THE TRANSFER OF ANY PATIENT TO ANOTHER
JURISDICTION MAKES ADVISABLE THE APPOINTMENT OF A
SUPPLEMENTAL OR SUBSTITUTE GUARDIAN, ANY COURT OF COMPETENT
JURISDICTION IN THE RECEIVING STATE MAY MAKE SUCH
SUPPLEMENTAL OR SUBSTITUTE APPOINTMENT AND THE COURT WHICH
APPOINTED THE PREVIOUS GUARDIAN SHALL UPON BEING DULY
ADVISED OF THE NEW APPOINTMENT, AND UPON THE SATISFACTORY
COMPLETION OF SUCH ACCOUNTING AND OTHER ACTS AS SUCH COURT
MAY BY LAW REQUIRE, RELIEVE THE PREVIOUS GUARDIAN OF POWER
AND RESPONSIBILITY TO WHATEVER EXTENT SHALL BE APPROPRIATE
IN THE CIRCUMSTANCES; PROVIDED, HOWEVER, THAT IN THE CASE OF
ANY PATIENT HAVING SETTLEMENT IN THE SENDING STATE, THE
COURT OF COMPETENT JURISDICTION IN THE SENDING STATE SHALL
HAVE THE SOLE DISCRETION, TO RELIEVE A GUARDIAN APPOINTED BY
IT OR CONTINUE HIS POWER AND RESPONSIBILITY, WHICHEVER IT
SHALL DEEM ADVISABLE. THE COURT IN THE RECEIVING STATE MAY
IN ITS DISCRETION, CONFIRM OR REAPPOINT THE PERSON OR
PERSONS PREVIOUSLY SERVING AS GUARDIAN IN THE SENDING STATE
IN LIEU OF MAKING A SUPPLEMENTAL OR SUBSTITUTE APPOINTMENT.

(B)  THE TERM "GUARDIAN" AS USED IN PARAGRAPH (A) OF
THIS ARTICLE SHALL INCLUDE ANY GUARDIAN, TRUSTEE, LEGAL
COMMITTEE, CONSERVATOR, OR OTHER PERSON OR AGENCY HOWEVER
DENOMINATED WHO IS CHARGED BY LAW WITH POWER TO ACT FOR OR
RESPONSIBILITY FOR THE PERSON OR PROPERTY OF A PATIENT.

ARTICLE IX

(A)  NO PROVISION OF THIS COMPACT EXCEPT ARTICLE V
SHALL APPLY TO ANY PERSON INSTITUTIONALIZED WHILE UNDER
SENTENCE IN A PENAL OR CORRECTIONAL INSTITUTION OR WHILE
SUBJECT TO TRIAL ON A CRIMINAL CHARGE, OR WHOSE
INSTITUTIONALIZATION IS DUE TO THE COMMISSION OF AN OFFENSE
FOR WHICH, IN THE ABSENCE OF MENTAL ILLNESS OR MENTAL
DEFICIENCY, SAID PERSON WOULD BE SUBJECT TO INCARCERATION IN
A PENAL OR CORRECTIONAL INSTITUTION.

(B)  TO EVERY EXTENT POSSIBLE, IT SHALL BE THE POLICY
OF STATES PARTY TO THIS COMPACT THAT NO PATIENT SHALL BE
PLACED OR DETAINED IN ANY PRISON, JAIL OR LOCKUP, BUT SUCH
PATIENT SHALL, WITH ALL EXPEDITION, BE TAKEN TO A SUITABLE
INSTITUTIONAL FACILITY FOR MENTAL ILLNESS OR MENTAL