648

LAWS OF MARYLAND

Ch. 21

appeared only in the statement of policy in
former Article 59, § 2, in the definition of
"mental disorder" in former Article 59, § 3(f),
and in the private group homes provisions in
former Article 59, §§ 58, 59, 60, and 62. In §
10-102 of this article, which is derived from
former Article 59, § 2, the term "mental
disorder" is substituted for "mental illness" to
conform to the broad scope of the balance of
Title 10 of this article. In paragraph (l)(i) of
this subsection -- and in § 10-101 of this
article, which also is derived from former
Article 59, § 39(f) and (g) -- the substance of
former Article 59, § 3(f) is incorporated into
the definition of "mental disorder". In § 10-514
et seq. of this article, which are derived, in
part, from former Article 59, §§ 58, 59, 60, and
62, the term "mental disorder" is substituted for
"mental illness" and "mentally ill". Therefore,
a separate definition of "mental illness" no
longer is needed.

In paragraph (2)(ii) of this subsection, the
introductory phrase, "{i}n determining whether
a defendant is insane", is substituted for the
reference "{a}s used in this section". This
substitution is necessary in light of the
reorganization of the former law in this
revision, but is intended to reflect the
limitation on application of this provision.

The second sentence of former Article 59, § 3(f)
provided that the "term {mental disorder} shall
not include mental retardation except as used in
{former Article 59} §§ 23 through 28,
inclusive" -- i.e., the sections from which this
title is derived. Rather than define "mental
disorder" in a. manner that contradicts the usual
definition of the term -- see §§ 10-101 and
10-620 of this article -- specific reference to
"mental retardation" or to an individual who is
"mentally retarded" is added in the provisions of
this title that contain a reference to a "mental
disorder". Therefore, the. exception, in the
second sentence of former Article 59, § 3(f) is
deleted as unnecessary.

As to the law before enactment of the exception
in former Article 59, § 3(f), see 63 Op. Att'y
Gen. 230 (1978).

Defined terms: "Includes"/"including" § 1-101
"Insane" § 12-101

REVISOR'S NOTE TO SECTION: The Commission to Revise the