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Session Laws, 1985
Volume 760, Page 3125   View pdf image
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HARRY HUGHES, Governor                                     3125

[(d)] (E) (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)] (F) Any individual transferred under this section is
deemed to be committed to the federal agency under the original
commitment.

[(f)] (G) This section applies to residents and
nonresidents of this State found in this State or on any federal
reservation in this State.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s)
10-809(a) through (c), respectively, of Article - Health -
General of the Annotated Code of Maryland be renumbered to be
Section(s) 10-809(b) through (d), respectively.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article - Health - General

10-809.

(A) WHENEVER A RELEASE OF AN INDIVIDUAL FROM A FACILITY IS
PLANNED, THE ADMINISTRATIVE HEAD OF THE FACILITY OR A DESIGNEE OF
THE ADMINISTRATIVE HEAD, WITH THE CONSENT OF THE INDIVIDUAL,
SHALL NOTIFY THE PARENT, GUARDIAN, OR NEXT OF KIN ABOUT THE
PROPOSED RELEASE. IN THE CASE OF A MINOR CHILD OR AN INDIVIDUAL
WHO IS ASSIGNED A LEGAL GUARDIAN, THE PARENT OF THE MINOR CHILD
OR THE LEGAL GUARDIAN OF THE INDIVIDUAL SHALL BE NOTIFIED OF ANY
PLANNED RELEASE.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.

 

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Session Laws, 1985
Volume 760, Page 3125   View pdf image
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