Ch. 782

LAWS OF MARYLAND

(A)  (1) A COURT MAY COMMIT A DEFENDANT TO THE DEPARTMENT
IF:

(I)  THE COURT FINDS IT IS NOT CLINICALLY
APPROPRIATE FOR THE DEFENDANT TO BE EVALUATED IN A DETENTION
FACILITY OR AN APPROPRIATE OUTPATIENT FACILITY; OR

(II)  AFTER AN EVALUATION IN A DETENTION
FACILITY OR AN OUTPATIENT FACILITY, THE DEPARTMENT RECOMMENDS A
COMPREHENSIVE INPATIENT EVALUATION OF THE DEFENDANT.

(2) BEFORE A COURT COMMITS A DEFENDANT TO THE
DEPARTMENT FOR EVALUATION, THE COURT SHALL CONSULT WITH THE
ADMINISTRATION.

(B)  THE DEPARTMENT SHALL PROVIDE THE SERVICES REQUIRED BY
THIS SECTION.

(C)  THE DEPARTMENT SHALL HAVE THE OBLIGATION TO ENGAGE IN
REASONABLE EFFORTS TO FACILITATE THE ADMISSION OF A DEFENDANT TO
AN APPROPRIATE EVALUATION FACILITY.

(D)   UNLESS THE COURT ALLOWS THE DEFENDANT TO PROVIDE THE
DEFENDANT'S OWN TRANSPORTATION, ON COMMITMENT OR RELEASE OF A
DEFENDANT UNDER THIS SUBTITLE, THE COURT SHALL ORDER
TRANSPORTATION BY LAW ENFORCEMENT OFFICIALS, DETENTION CENTER
STAFF, OR SHERIFF'S DEPARTMENT STAFF WITHIN THE LOCAL
JURISDICTION.

(E)(1) A COMMITMENT UNDER THIS SECTION SHALL NOT BE FOR
MORE THAN 7 DAYS UNLESS THE MEDICAL CONDITION OF A DEFENDANT
WARRANTS AN EXTENSION OF A MAXIMUM OF 14 DAYS.

(2) EXCEPT DURING THE FIRST 72 HOURS AFTER
COMMITMENT, THE DIRECTOR OR A DESIGNEE OF THE DIRECTOR MAY
TERMINATE THE COMMITMENT IF THE DIRECTOR OR THE DESIGNEE
DETERMINES THAT CONTINUED COMMITMENT:

(I)   IS NOT IN THE BEST INTEREST OF AN
INDIVIDUALS; OR

(II)  DOES NOT SERVE ANY USEFUL PURPOSE.

(F)  BEFORE AN INDIVIDUAL IS RELEASED FROM COMMITMENT UNDER
THIS SECTION, THE DIRECTOR OR A DESIGNEE OF THE DIRECTOR SHALL
GIVE THE JUDGE THAT ORDERED THE COMMITMENT NOTICE OF THE PROPOSED
DATE AND TIME OF RELEASE.

(G)  IN THE EVENT AN INDIVIDUAL COMMITTED UNDER THIS SECTION
LEAVES AN EVALUATION FACILITY WITHOUT AUTHORIZATION, THE
RESPONSIBILITY OF THE DEPARTMENT IS LIMITED TO NOTIFICATION OF
THE COURT THAT COMMITTED THE INDIVIDUAL AS SOON AS IT IS
REASONABLY POSSIBLE.

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