WILLIAM DONALD SCHAEFER, Governor                         Ch. 264

PERSON is an eligible person upon recommendation of the sentencing court, upon
application to the Commissioner by the State's Attorney of the county in which the person
was last convicted, upon application by the inmate, or upon recommendation of the
[Commissioner's staff] COMMISSIONER.

(b)     Within six months after referral, the person shall be examined by an
evaluation team. Before proceeding with the examination, the evaluation team shall
assemble and review all available and relevant information about the person provided for
in § 13.

(c)     Based upon this information and its examination of the person, the evaluation
team shall determine whether in its opinion, or in the opinion of a majority of the team,
the person is an eligible person. The evaluation team shall state its findings in a written
report which shall be delivered to the director. The report shall state in detail the
reasoning supporting the team's conclusion with respect to each of the criteria for an
eligible person set forth in § 1(f) of this article.

9.

(a)     If the evaluation team concludes that the person is not an eligible person, the
director shall notify the Commissioner and send to him a copy of the team's report.
Within 30 days after that notice, the person shall be delivered to the appropriate
correctional facility designated by the Commissioner.

(b)     If the evaluation team concludes that the person is an eligible person, the
director shall notify the Commissioner, and the person shall [remain at the Institution for
treatment] BE ADMITTED TO THE PROGRAM PROVIDING THE ADMISSION DOES NOT
EXCEED THE PROGRAM CAPACITY SPECIFIED IN § 2 OF THIS ARTICLE.

(c)     An individualized written [treatment including treatment goals]
REMEDIATION plan shall be prepared, filed with the director, and implemented for each
eligible person. The [treatment] REMEDIATION plan and the inmate's progress under it
shall be reviewed by the director or an associate director for treatment at appropriate
intervals but at least every six months.

(d)     A person's status as an eligible person and his progress under his [treatment]
REMEDIATION plan shall be reviewed by the board of review following a new evaluation
by an evaluation team at least once a year. The board of review shall make appropriate
written recommendations for the future [treatment] REMEDIATION and status of the
person following its review. A copy of these recommendations shall be maintained as part
of the person's file.

(e)      [A surgical operation may not be performed as part of the psychotherapeutic
treatment of an eligible person unless (1) authorized by the director, and (2) with the
written consent of the eligible person.

(f)] A person transferred to the Institution for evaluation or treatment remains in
the custody of the Division of Correction and under the sentence imposed on him, but he
is subject to the immediate control of the Institution and its staff.

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