Section 10-801 – “Release” Defined

    In this subtitle, “release” means a permanent, temporary, absolute, or conditional release of an individual from a residential facility or a Veterans’ Administration hospital.

Section 10-802 – Duty of Director

    If the Director finds that any individual is held by a facility in a manner contrary to law, the Director shall begin appropriate proceedings for release of that individual.

Section 10-803 – Voluntary Admissions

    (a)    An individual who is admitted voluntarily to a facility, on an informal request, may leave the facility at any time between 9 a.m. and 4 p.m., unless the admission status of the individual has been changed to an involuntary admission.     (b)    (1)    An individual who has been admitted voluntarily, under a formal written application, may not be […]

Section 10-804 – Habeas Corpus

    (a)    Any individual who has been admitted to a facility or Veterans’ Administration hospital or any person on behalf of the individual may apply at any time to a court of competent jurisdiction for a writ of habeas corpus to determine the cause and the legality of the detention.     (b)    The Director, in the name of the […]

Section 10-805 – Judicial Release

    (a)    Subject to the limitations in this section, a petition for the release of an individual who is held under this title from the facility or a Veterans’ Administration hospital may be filed, at any time by:         (1)    The individual; or         (2)    Any person who has a legitimate interest in the welfare of the individual.     (b)    The petition shall […]

Section 10-806 – Administrative Release

    (a)    In this section, “responsible official” means:         (1)    If the individual is held in a Veterans’ Administration hospital, the chief officer of the Veterans’ Administration hospital; or         (2)    If the individual is held in any other facility, the Director or the administrative head of the facility.     (b)    At the direction of the responsible official, an individual who has been […]

Section 10-807 – Transfers Between Facilities

    (a)    In this section, “public facility” means a facility under § 10–406 of this title maintained under the direction of the Administration.     (b)    The Director may transfer an individual, who is admitted under Subtitle 6 of this title or committed under Title 3 of the Criminal Procedure Article, from a public facility to the Clifton T. Perkins […]

Section 10-808 – Transfers and Commitments to Federal Agencies

    (a)    In this section, “federal agency” means the Department of Veterans Affairs or any other agency of the United States government.     (b)    Whenever the transfer of an individual to a federal agency is planned under this section, the Director or administrative head of a facility, with the consent of the individual, shall notify the parent or next […]

Section 10-809 – Aftercare Plan

    (a)    Whenever a release of an individual from a facility is planned, the administrative head of the facility or a designee of the administrative head, with the consent of the individual, shall notify the parent or next of kin about the proposed release. In the case of a minor child or an individual who is assigned […]

Section 10-810 – Time

    A release under this subtitle shall be made between 9 a.m. and 4 p.m.

Section 10-811 – Inmates

    An individual who was admitted to a facility from an institution under the Division of Correction or from the Patuxent Institution and who is to be released before the expiration of the sentence to that institution shall be released to the custody of the Division or the Patuxent Institution, as the case may be.

Section 10-812 – Transfers to Developmental Disabilities Administration

    (a)    The Behavioral Health Administration may ask the Developmental Disabilities Administration to accept primary responsibility for an individual in or eligible for admission to a mental health residential facility, if the Behavioral Health Administration finds that the individual would be provided for more appropriately in a program for individuals with developmental disability.     (b)    The Developmental Disabilities Administration […]

Section 10-813 – Compensation for Initial Assessment

    The Administration shall compensate case managers or other appropriate community mental health providers for conducting initial assessments of inmates who are:         (1)    Identified by the Department of Public Safety and Correctional Services as having a serious mental illness; and         (2)    Expected to be within 3 months of release.