WILLIAM DONALD SCHAEFER, Governor Ch. 782

(C)  (1) IF A DEFENDANT IS TO BE HELD IN CUSTODY FOR
EXAMINATION UNDER THIS SECTION:

(I)  THE DEFENDANT MAY BE CONFINED IN A
DETENTION FACILITY UNTIL THE DEPARTMENT IS ABLE TO CONDUCT THE
EXAMINATION; OR

(II)  THE COURT MAY ORDER CONFINEMENT OF THE
DEFENDANT IN A MEDICAL WING OR OTHER ISOLATED AND SECURE UNIT OF
A DETENTION FACILITY, IF THE COURT FINDS IT APPROPRIATE FOR THE
HEALTH OR SAFETY OF THE DEFENDANT.

(2) (I) IF THE COURT FINDS THAT, BECAUSE OF THE
APPARENT SEVERITY OF THE ALCOHOL OR DRUG DEPENDENCY OR OTHER
MEDICAL OR PSYCHIATRIC COMPLICATIONS, A DEFENDANT IN CUSTODY
WOULD BE ENDANGERED BY CONFINEMENT IN A JAIL, THE COURT MAY ORDER
THE DEPARTMENT TO EITHER:

1.  PLACE THE DEFENDANT, PENDING
EXAMINATION, IN A HEALTH CARE FACILITY THAT THE DEPARTMENT
DESIGNATES AS APPROPRIATE; OR

2.  HAVE LOCAL HEALTH DEPARTMENT STAFF, OR
OTHER QUALIFIED PERSONNEL WHO THE DEPARTMENT FINDS APPROPRIATE,
IMMEDIATELY CONDUCT AN EVALUATION OF THE DEFENDANT.

(II)  UNLESS THE DEPARTMENT RETAINS A DEFENDANT,
THE DEFENDANT SHALL BE PROMPTLY RETURNED TO THE COURT AFTER AN
EXAMINATION.

(III)  A DEFENDANT WHO IS DETAINED FOR AN
EXAMINATION UNDER THIS SECTION MAY QUESTION AT ANY TIME THE
LEGALITY OF THE DETENTION BY A PETITION FOR A WRIT OF HABEAS
CORPUS.

(D)  (1) IF A COURT ORDERS AN EVALUATION UNDER THIS SECTION,
THE EVALUATOR SHALL:

(I)  CONDUCT AN EVALUATION OF THE DEFENDANT; AND

(II)  SUBMIT A COMPLETE REPORT OF THE EVALUATION
WITHIN 7 DAYS TO THE:

1.  COURT;

2.  ADMINISTRATION; AND

3.  DEFENDANT OR THE DEFENDANT'S ATTORNEY.

(2) ON GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE
TIME FOR AN EVALUATION.

8-506.

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