WILLIAM DONALD SCHAEFER, Governor                        Ch. 6

[(e)] (D) "Department" means the Department of Public
Safety and Correctional Services.

[(f)] (E) "Director" means the director of Patuxent
Institution.

[(g)] (F) (1) "Eligible person" means a person who (i) has
been convicted of a crime and is serving a sentence of
imprisonment with at least three years remaining on it, (ii) has
an intellectual deficiency or emotional unbalance, (iii) is
likely to respond favorably to the programs and services provided
at Patuxent Institution, [and] (iv) can be better rehabilitated
through those programs and services than by other incarceration,
AND (V) MEETS THE ELIGIBILITY CRITERIA ESTABLISHED BY THE
SECRETARY UNDER § 8 OF THIS ARTICLE.

(2) "Eligible person" does not include a person who
(i) is serving 2 or more sentences of imprisonment for life under
the provisions of Article 27, § 412 of the Code, [or] (ii) is
serving 1 or more sentences of imprisonment for life when a court
or jury has found, beyond a reasonable doubt, that one or more
aggravating circumstances existed under the provisions of Article
27, § 413 of the Code, OR (III) HAS BEEN CONVICTED OF MURDER IN
THE FIRST DEGREE, RAPE IN THE FIRST DEGREE, OR A SEXUAL OFFENSE
IN THE FIRST DEGREE, UNLESS THE SENTENCING JUDGE, AT THE TIME OF
SENTENCING OR IN THE EXERCISE OF THE JUDGE'S REVISORY POWER AND
CONTROL UNDER THE MARYLAND RULES, RECOMMENDS THAT THE PERSON BE
REFERRED TO THE INSTITUTION FOR EVALUATION.

[(h)] (G) "Evaluation team" means a team of at least three
professional employees of the Institution, one of whom shall be a
social worker or behavioral scientist, one a psychologist, and
one a psychiatrist.

[(i)] (H) "Institution" means the Patuxent Institution.

[(j)] (I) "Secretary" means the Secretary of Public Safety
and Correctional Services.

(J) "VICTIM" MEANS:

(1)  A PERSON WHO SUFFERS PERSONAL PHYSICAL INJURY OR
DEATH AS A DIRECT RESULT OF A CRIME; OR

(2)  IF THE VICTIM IS DECEASED, A DESIGNATED FAMILY
MEMBER OF THE VICTIM.

2.

(a) The Patuxent Institution is created and continued as
part of the Department.

- 1207 -