Ch. 238                                    2004 LAWS OF MARYLAND

ORDERED FOR EVALUATION UNDER THIS SECTION REMAINS IN THE LEGAL CUSTODY
OF THE COURT OR THE APPROPRIATE PRETRIAL RELEASE AGENCY OR
CORRECTIONAL FACILITY.

(II) A DEFENDANT WHO HAS NOT BEEN RELEASED PRIOR TO TRIAL
UNDER MARYLAND RULE 4-216 SHALL BE EVALUATED IN A SECURE FACILITY.

(3) IF AN APPROPRIATE EVALUATION FACILITY IS NOT AVAILABLE
UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION:

(I) THE COURT MAY NOT REQUIRE THE DEPARTMENT OR A LOCAL
DESIGNEE OF THE DEPARTMENT TO TAKE CUSTODY OF THE DEFENDANT;

(II) A DEFENDANT SHALL BE HELD IN CUSTODY OR RELEASED
ACCORDING TO LAW AS ORDERED BY THE COURT; AND

(III) THE DEPARTMENT OR A LOCAL DESIGNEE OF THE
DEPARTMENT SHALL PRESENT TO THE COURT A DATE BY WHICH THE EVALUATION
CAN BE CONDUCTED AND SHALL PROMPTLY NOTIFY THE COURT WHEN AN
APPROPRIATE EVALUATION FACILITY BECOMES AVAILABLE.

(b) The Department, ANOTHER FACILITY APPROVED BY THE DEPARTMENT,
OR A LOCAL DESIGNEE OF THE DEPARTMENT, shall provide the services required by
this section.

(c) The Department OR A LOCAL DESIGNEE OF THE DEPARTMENT shall have
the obligation to [engage in reasonable efforts to] facilitate the PROMPT 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]
THE court shall [order].

(1) ORDER transportation OF THE DEFENDANT TO AN EVALUATION by
law enforcement officials, detention center staff, DIVISION OF CORRECTION STAFF, or
sheriff's department staff within the local jurisdiction; AND

(2) PROVIDE FOR THE RETURN OF THE DEFENDANT TO A DESIGNATED
LOCATION ON COMPLETION OF THE EVALUATION.

(e)     (1) A [commitment] COURT ORDER FOR AN EVALUATION under this
section shall not [be] REQUIRE AN 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,
the Director or a designee of the Director, INCLUDING A LOCAL DESIGNEE OF THE
DEPARTMENT, may terminate the [commitment] EVALUATION if the Director or the
designee determines that continued [commitment] EVALUATION;

(i) Is not in the best interest of an individual; or

(ii) Does not serve any useful purpose.

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