1994 LAWS OF MARYLAND

5-106.                                                                       . .

(A) (G) (1) THE DEPARTMENT SECRETARY OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES SHALL ADOPT REGULATIONS FOR THE MANAGEMENT
AND OPERATION OF THE PROGRAM, INCLUDING CRITERIA FOR ADMISSION TO THE
PROGRAM.

(B) (2) THE CRITERIA FOR ADMISSION TO THE PROGRAM SHALL:

   (1) (I) BE CONSISTENT WITH ANY ARTICLE 3 IB OF THE CODE AND
ANY OTHER STATUTORY REQUIREMENTS; AND

(2) (II) INCLUDE THE FOLLOWING:

(I) 1. THE AGE OF THE INDIVIDUAL;

(II) 2. THE MENTAL AND PHYSICAL CONDITION OF THE
INDIVIDUAL;

(III) 3. THE INDIVIDUAL'S AMENABILITY TO TREATMENT IN THE
PROGRAM;

(IV) 4. THE NATURE OF THE OFFENSE AND THE INDIVIDUAL'S
PARTICIPATION IN THE OFFENSE; AND

(V) 5. THE PUBLIC SAFETY.

5-107.

(H) THE DIRECTOR OF PATUXENT INSTITUTION SHALL:

(1)      REVIEW RECOMMENDATIONS OF THE JUVENILE COURT, THE
DIVISION OF CORRECTION, AND LOCAL CORRECTIONAL FACILITIES FOR ADMISSION
OF INDIVIDUALS TO THE PROGRAM; AND

(2)      ADMIT OR DENY ADMISSION FOR EACH INDIVIDUAL-BASED ON THE
CRITERIA FOR ADMISSION.

5-108.

(A) SUBJECT TO THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION, THE
DEPARTMENT SHALL HAVE THE SAME POWERS, DUTIES, AND RESPONSIBILITIES
CONCERNING THE PROGRAM AND THE INDIVIDUALS ADMITTED TO THE PROGRAM
THAT THE DEPARTMENT HAS CONCERNING ANY OTHER FACILITY OR PROGRAM
ESTABLISHED FOR A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT
UNDER § 3-820 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

(B) WITH RESPECT TO AN INDIVIDUAL WHO IS UNDER THE JURISDICTION OF
THE DIVISION OF CORRECTION, OR A LOCAL CORRECTIONAL FACILITY, AND WHO IS
TRANSFERRED TO THE PROGRAM, THE DEPARTMENT MAY NOT:

(1) PAROLE, DISCHARGE, GRANT A LEAVE OF ABSENCE TO, OR
OTHERWISE RELEASE FROM THE PROGRAM THE INDIVIDUAL; OR

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Ch. 639