Ch. 409

2003 LAWS OF MARYLAND

(5) A RELATED INSTITUTION MAY NOT REFUSE TO ADMIT AN
INDIVIDUAL TO RESIDENCY IN THE RELATED INSTITUTION OR REMOVE A RESIDENT
FROM THE RELATED INSTITUTION BECAUSE OF A REQUEST FOR ELECTRONIC
MONITORING.

(6) A RELATED INSTITUTION SHALL MAKE REASONABLE PHYSICAL
ACCOMMODATION FOR ELECTRONIC MONITORING, BY PROVIDING;

(I) A REASONABLY SECURE PLACE TO MOUNT THE ELECTRONIC
MONITORING DEVICE; AND

(II) ACCESS TO POWER SOURCES.

(7) A RELATED INSTITUTION SHALL INFORM A RESIDENT OR THE LEGAL
REPRESENTATIVE OF THE RESIDENT OF THE RESIDENT'S RIGHT TO ELECTRONIC
MONITORING.

(8) A RELATED INSTITUTION MAY REQUEST A RESIDENT OR A
RESIDENT'S LEGAL REPRESENTATIVE TO CONDUCT ELECTRONIC MONITORING
WITHIN PLAIN VIEW.

(C) A RESIDENT WHO WISHES TO INSTALL AN ELECTRONIC MONITORING
DEVICE MAY BE REQUIRED BY THE ADMINISTRATOR OF THE RELATED INSTITUTION
TO MAKE THE REQUEST IN WRITING.

(D) SUBJECT TO THE MARYLAND RULES OF EVIDENCE, A TAPE CREATED
THROUGH THE USE OF ELECTRONIC MONITORING SHALL BE ADMISSIBLE IN EITHER
A CIVIL OR CRIMINAL ACTION BROUGHT IN A MARYLAND COURT.

(E) (1) A PERSON WHO OPERATES A RELATED INSTITUTION IN VIOLATION
OF THE PROVISIONS IN THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $2,000 OR IMPRISONMENT NOT
EXCEEDING 5 YEARS OR BOTH.

(2) A PERSON WHO WILLFULLY AND WITHOUT THE CONSENT OF A
RESIDENT HAMPERS, OBSTRUCTS, TAMPERS WITH, OR DESTROYS AN ELECTRONIC
MONITORING DEVICE OR TAPE SHALL BE GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $2,000 OR IMPRISONMENT NOT
EXCEEDING 90 DAYS OR BOTH.

SECTION 1. AND BE IT FURTHER ENACTED, BE IT ENACTED BY THE
GENERAL ASSEMBLY OF MARYLAND. That:

(a)     The Department of Health and Mental Hygiene shall develop guidelines
for a nursing home that elects to use electronic monitoring with the consent of a
resident or the legal representative of the resident.

(b)     On or before December 1, 2003, the Department of Health and Mental
Hygiene shall report on the guidelines developed under subsection (a) of this section
to the Senate Finance Committee and the House Health and Government Operations
Committee of the General Assembly, in accordance with § 2-1246 of the State
Government Article.

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