ROBERT L. EHRLICH, JR., Governor

Ch. 237

(f) (1) Before an individual is released from [commitment] AN
EVALUATION FACILITY under this section, the Director or a designee of the Director,
INCLUDING A LOCAL DESIGNEE OF THE DEPARTMENT, shall give the judge [that]
WHO ordered the [commitment] EVALUATION AND ANY CORRECTIONAL AGENCY TO
WHOM THE INDIVIDUAL IS COMMITTED notice of the proposed date and time of
release.

(2) ON COMPLETION OF THE EVALUATION, THE EVALUATION FACILITY
SHALL NOTIFY THE COURT AND THE DEFENDANT SHALL BE RETURNED IN
ACCORDANCE WITH THE PROVISIONS OF THE EVALUATION ORDER.

(g) In the event an individual [committed] ORDERED TO BE EVALUATED
under this section leaves an evaluation facility without authorization, the
responsibility of the Department OR A LOCAL DESIGNEE OF THE DEPARTMENT is
limited to notification of the court that [committed the individual] ISSUED THE
ORDER as soon as it is reasonably possible.

(b)     (1) The Department shall provide the services required by this section.

(2) A DESIGNEE OF THE DEPARTMENT MAY CARRY OUT ANY OF THE
DEPARTMENT'S DUTIES UNDER THIS SECTION IF APPROPRIATE FUNDING IS
PROVIDED.

(c)     The Department shall [have the obligation to engage in reasonable efforts
to] facilitate the [admission] PROMPT EVALUATION of a defendant [to an
appropriate evaluation facility] UNDER THIS SECTION AND ENSURE THAT EACH
EVALUATION IS CONDUCTED IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
DEPARTMENT.

(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] A
court [shall] MAY order [transportation by] law enforcement officials, detention
center staff, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES STAFF,
or sheriffs department staff within the APPROPRIATE local jurisdiction TO
TRANSPORT THE DEFENDANT TO AND FROM AN EVALUATION FACILITY.

(e)     (1) A commitment under this section [shall] MAY not [be] REQUIRE
EVALUATION 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] ADMISSION OF
A DEFENDANT TO AN EVALUATION FACILITY, the [Director or a designee of the
Director] DEPARTMENT may terminate the [commitment] EVALUATION if the
[Director or the designee] DEPARTMENT determines that continued [commitment]
EVALUATION:

(i) Is not in the best interest of [an individual] THE DEFENDANT;
or

(ii) Does not serve any useful purpose.
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