Ch. 546

LAWS OF MARYLAND

Whenever any convict confined in any jail in any city or
county in this State shall become insane or lunatic, the warden
of such jail, or any person on behalf of such convict, may file a
petition, either during the session or recess of the court, in
the circuit court having jurisdiction in the city or county,
where the jail in which such convict is confined, is situated,
alleging that the said convict hath become insane or a lunatic,
and still is so at the time of the filing of the petition and
setting forth the misdemeanor or crime of which such insane
person is convicted and the date upon which his term of
imprisonment will expire; and the said court, if the petition be
filed during a session thereof, shall cause a jury of twelve to
be forthwith empanelled, who shall be drawn from the jurors
attending the sessions of the court, and shall charge said jury
to inquire whether such convict hath become insane or. a lunatic
and is still so; and any judge of said court, if the petition be
filed during recess of the court, shall pass an order on said
petition, as promptly as may be, requiring the sheriff of the
city or county where said convict is confined, forthwith to
summon a jury of twelve good and lawful men to attend before such
judge, at the time and place named in the order, who shall be
empanelled and charged by the said judge to inquire whether such
convict hath become insane or a lunatic and still is so; and if
the jury so as aforesaid empanelled and charged by the court, or
the jury empanelled and charged by any judge thereof in recess of
court, shall find that such convict hath become insane or a
lunatic, and still is so at the time of the inquisition, the said
court, or the said judge, as the case may be, shall order such
insane or lunatic convict to be removed from the jail where he is
confined and placed in a sanatorium, hospital or other place
where he may receive care and treatment, and there be confined at
the expense of the city or county wherein such jail is situated,
until he shall have recovered his reason and be discharged by due
course of law; provided, however, if such convict recover his
reason before the expiration of the term for which he was
committed to the jail from which he was taken, the court or the
judge that ordered his removal therefrom may order such convict,
upon such recovery of his reason, to be returned to the jail from
which he was removed, and to be confined there until the said
term expires, or may order his discharge, in its or his
discretion. The provisions of this section shall not apply to
the Baltimore City jail.]

711.

(A) IN THIS SECTION:

(1) "INMATE" MEANS AN INDIVIDUAL WHO IS CONFINED IN A
LOCAL JAIL OR LOCAL DETENTION CENTER IN THE STATE; AND

(2) "INMATE" DOES NOT INCLUDE AN INDIVIDUAL WHO HAS
BEEN CONVICTED OF MURDER AND SENTENCED TO DEATH.

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