reglab/housing_qa huggingface dataset:
MD. Health - General Code Ann. §  10-208 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 2 - Mental Hygiene Administration|Section 10-208 - Mental Hygiene Community-Based Services Fund

    (a)    (1)    There is a continuing, nonlapsing Mental Hygiene Community–Based Services Fund.        (2)    The purpose of the Mental Hygiene Community–Based Services Fund is to ensure that funds realized from the sale or lease of Behavioral Health Administration facilities as the result of downsizing, consolidation, or closure are used to provide community–based services.    (b)    Notwithstanding any other provision of law, if any Mental Hygiene Administration facility is downsized, consolidated, or closed, all State property associated with the facility that is not transferred to another governmental entity shall be sold or leased at fair market value, and the net proceeds of the sale or lease shall be deposited into the Mental Hygiene Community–Based Services Fund.    (c)    (1)    If a facility operated by the Behavioral Health Administration is downsized, consolidated, or closed such that the net resident population declines or if a facility is closed or consolidated and bed capacity levels remained unchanged:            (i)    State general funds may be appropriated as necessary, in advance, to assist in the downsizing;            (ii)    Any funds in the Mental Hygiene Community–Based Services Fund:                1.    May not supplant resources for existing community services; and                2.    Shall be used to meet the needs of individuals leaving facilities to enter community–based services; and            (iii)    Any funds remaining after meeting the needs of individuals identified in subparagraph (ii)2 of this paragraph shall be used to increase the availability of:                1.    Affordable housing and employment opportunities for individuals with mental illness; and                2.    Community mental health services designed to promote recovery and community integration, including development of the Maryland Mental Health Crisis Response System established under Subtitle 14 of this title.        (2)    Funds in the Mental Hygiene Community–Based Services Fund shall be spent in accordance with a plan developed by the Behavioral Health Administration in consultation with consumers, family members, providers, and mental health advocates.    (d)    On or before January 1 of each year, the Secretary shall prepare a report to be submitted to the General Assembly and the Department of Legislative Services on the Mental Hygiene Community–Based Services Fund.    (e)    Any unspent portions of the Mental Hygiene Community–Based Services Fund and any interest earned on money in the Waiting List Equity Fund may not be transferred or revert to the General Fund of the State but shall remain in the Mental Hygiene Community–Based Services Fund to be used for the purposes specified in this section.
MD. Health - General Code Ann. §  10-702 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-702 - Communications

    (a)    (1)    Subject to any reasonable limitation that a facility imposes, each individual in the facility shall have access, at all reasonable hours, to writing instruments, stationery, and postage and may use them to write to anyone.        (2)    The correspondence of the individual shall be sent to the addressee without delay, and except under the direction of the addressee, without being opened.    (b)    Each individual in a facility shall have reasonable access to a telephone. However, an individual may not telephone anyone who has given the facility written notice of being unwilling to be telephoned.    (c)    (1)    If, for medical reasons, an individual’s access to correspondence, writing instruments, or telephones is limited, the limitation shall be:            (i)    Signed by a physician and the reasons for the limitation and the date on which the limitation expires made a permanent part of the individual’s record; and            (ii)    Reviewed every 30 days if the limitation remains in effect.        (2)    If the attending physician believes that, because of the condition of an individual, another individual should be permitted to be present when writing instruments are used, the permission and the reasons for the permission shall be:            (i)    Signed by the attending physician;            (ii)    Dated as to when the permission expires;            (iii)    Made a permanent part of the individual’s record; and            (iv)    Reviewed every 30 days if the permission remains in effect.
MD. Health - General Code Ann. §  10-703 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-703 - Visitors

    (a)    Each individual in a facility shall be entitled to converse privately with and receive visits:        (1)    At all reasonable hours, from a lawyer that the individual chooses;        (2)    At all reasonable hours, from a clergyman that the individual chooses; and        (3)    During reasonable visiting hours that the facility sets, from any other visitor if the individual wishes to see the visitor.    (b)    If an individual refuses to see a visitor, the refusal shall be made a permanent part of the individual’s record.    (c)    (1)    If, for medically justified reasons, visits or private conversations are restricted, the restriction and the reasons for the restriction shall be:            (i)    Signed by a physician;            (ii)    Dated as to when the restriction expires;            (iii)    Made a permanent part of the individual’s record; and            (iv)    Reviewed every 30 days if the restriction remains in effect.        (2)    Visits of an individual’s lawyer or clergyman may not be restricted during reasonable hours.
MD. Health - General Code Ann. §  10-704 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-704 - Civil Rights Generally

    An individual may not be deprived of the right to vote or to receive, hold, and dispose of property solely because the individual is in a facility or a Veterans’ Administration hospital for a mental disorder.
MD. Health - General Code Ann. §  10-706 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-706 - Treatment Plan; Rehabilitation Plan

    (a)    (1)    Except as provided by paragraph (2) of this subsection, promptly after admission of an individual, a facility shall make and periodically update a written plan of treatment for the individual in the facility, in accordance with the provisions of this subtitle.        (2)    Promptly after admission of an individual to a psychosocial center, the center shall make and periodically update a written plan of rehabilitation for the individual in the facility, in accordance with the provisions of this subtitle.    (b)    The Director shall adopt rules and regulations under this section that include:        (1)    A description of the nature and content of plans of treatment; and        (2)    Appropriate time periods for the development, implementation, and review of each plan.    (c)    An individual shall:        (1)    Participate, in a manner appropriate to the individual’s condition, in the development and periodic updating of the plan of treatment; and        (2)    Be told, in appropriate terms and language, of:            (i)    The content and objectives of the plan of treatment;            (ii)    The nature and significant possible adverse effects of recommended treatments;            (iii)    The name, title, and role of personnel directly responsible for carrying out the treatment for the individual; and            (iv)    When appropriate, other available alternative treatments, services, or providers of mental health services.
MD. Health - General Code Ann. §  10-707 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-707 - Physically Intrusive Research

    An individual in a facility has the right to refuse to participate as a subject in physically intrusive research conducted at the facility.
MD. Health - General Code Ann. §  10-709 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-709 - Aftercare Plan

    (a)    In accordance with § 10-809 of this title, a facility shall prepare a written aftercare plan for an individual who has been accepted as a resident in the facility before that individual is released from the facility.    (b)    The aftercare plan prepared under this section shall be offered to individuals who have been accepted as residents in a facility who are scheduled for release from a facility under this title.    (c)    The Secretary shall adopt regulations governing the planning and provisions of aftercare plans including:        (1)    Procedures to obtain the consent of the individual; or        (2)    Procedures to assist an individual who is unable to participate fully in aftercare planning.
MD. Health - General Code Ann. §  10-710 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-710 - Treatment of Minors

    (a)    Each minor who is being cared for or treated in a residential, State facility shall be placed in a unit for minors and may not be placed in a unit where adults are placed, unless the individual plan of treatment for the minor provides otherwise.    (b)    A person, on behalf of the minor, may file a petition in the circuit court for the county where the facility is located, to compel compliance with this section.
MD. Health - General Code Ann. §  10-711 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-711 - Director's Access

    On request, the administrative head of each facility shall give to the Director or a representative of the Director:        (1)    Any information that the administrative head has about an individual in the facility;        (2)    Access to the individual; and        (3)    Access to any part of the facility.
MD. Health - General Code Ann. §  10-712 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 7 - Rights of Mentally Ill Individuals in Facilities|Section 10-712 - Records

    (a)    (1)    Each facility shall keep complete records for each individual who is admitted to the facility under this title.        (2)    The records shall contain all of the information that is required by this title or the Administration.    (b)    A facility shall keep the records in a separate and secure area at the facility.
MD. Health - General Code Ann. §  10-801 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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.
MD. Health - General Code Ann. §  10-802 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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.
MD. Health - General Code Ann. §  10-803 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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 held for more than 3 days after the individual asks for release, unless the admission status of the individual has been changed to an involuntary admission.        (2)    If the admission status of the individual is changed from a voluntary to an involuntary admission, the facility shall notify the Mental Health Division in the Office of the Public Defender, by e–mail or facsimile, of the involuntary admission within 24 hours after the change in admission status is made.    (c)    A minor who has been admitted voluntarily, on the application of a parent or guardian of the minor, may not be held for more than 3 days after the applicant for the admission asks for release, unless the admission status of the minor has been changed to an involuntary admission.
MD. Health - General Code Ann. §  10-804 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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 Administration, may make an application for a writ of habeas corpus to determine whether a facility properly admitted or properly holds an individual. The State’s Attorney for the county where the facility is located or the individual is a resident, on behalf of the Administration, shall file the application.
MD. Health - General Code Ann. §  10-805 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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 be filed in an equity court in the county where the individual resides or resided at the time of the admission or where the facility is located.    (c)    (1)    If the individual is in a public facility, the Administration shall be the respondent.        (2)    If the individual is in a private facility or a Veterans’ Administration hospital, it shall be the respondent.    (d)    The petition shall be in the form and contain the information the Maryland Rules require.    (e)    If the petitioner requests trial by jury, the trial shall be held with a jury as in a civil action at law.    (f)    The trier of fact shall determine:        (1)    Whether the individual has a mental disorder; and        (2)    If so, whether the individual needs inpatient medical care or treatment for the protection of the individual or another.    (g)    (1)    If the trier of fact finds that the individual has a mental disorder and needs inpatient medical care or treatment, the court shall remand the individual to the custody of the facility or Veterans’ Administration hospital.        (2)    If the trier of fact finds that the individual does not have a mental disorder or has a mental disorder, but does not need inpatient medical care or treatment, the individual shall be released from the facility or Veterans’ Administration hospital.    (h)    Any party may appeal from a decision on the petition as in any other civil case.    (i)    Appropriate records of the proceeding under this section shall be made a permanent part of the individual’s record.    (j)    (1)    After a determination on the merits of a petition filed under this section, a court may not hear a later petition for the individual within 1 year after that determination, unless the petition is accompanied by a valid affidavit that the court, after review of the petition and affidavit, determines to show an improvement in the mental condition of the individual after the determination.        (2)    An affidavit is not valid if executed by an individual under care or treatment in a facility or Veterans’ Administration hospital.        (3)    If the matter is reopened, the petition shall be heard as provided in this section.        (4)    If the affidavit does not show improvement in the individual’s mental condition, the petition shall be dismissed.
MD. Health - General Code Ann. §  10-808 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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 of kin of the individual about the transfer. In the case of a minor child or an individual who is assigned a legal guardian, the parent of the minor child or the legal guardian of the individual shall be notified of any planned transfer.    (c)    (1)    The Director may transfer an individual from a facility to a Veterans’ Administration hospital in this State, if the individual is entitled to benefits in that hospital.        (2)    After the transfer, the chief officer of the Veterans’ Administration hospital has all the powers and rights of the Administration as to that individual.    (d)    (1)    If a court of competent jurisdiction of any other state commits an individual to a federal agency for care or treatment, the commitment judgment or order affects the individual, while the individual is in this State, to the extent that the judgment or order would affect the individual in the other state.        (2)    The courts of the committing state have continuing jurisdiction over the committed individual to inquire into the mental condition of that individual and determine the need to continue commitment.        (3)    Retention, custody, transfer, parole, and release of the committed individual are governed by the law of the committing state.    (e)    (1)    The administrative head of a facility may transfer any individual to a federal agency for care or treatment if the federal agency certifies that facilities are available for the individual and that the individual is eligible for care or treatment.        (2)    The facility shall give a proper officer of the court that ordered commitment notice of the transfer when it is made.        (3)    An individual may not be transferred under this subsection if the individual is confined under a conviction of a crime or if the individual is committed under Title 12 of this article unless, after appropriate motion and hearing, the court or other authority that committed the individual orders the transfer.    (f)    Any individual transferred under this section is deemed to be committed to the federal agency under the original commitment.    (g)    This section applies to residents and nonresidents of this State found in this State or on any federal reservation in this State.
MD. Health - General Code Ann. §  10-810 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|Section 10-810 - Time

    A release under this subtitle shall be made between 9 a.m. and 4 p.m.
MD. Health - General Code Ann. §  10-811 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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.
MD. Health - General Code Ann. §  10-812 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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 shall determine whether transfer to a program for individuals with developmental disability is appropriate.    (c)    A dispute over a transfer of an individual from the Behavioral Health Administration to the Developmental Disabilities Administration shall be resolved, in accordance with procedures that the Secretary sets, on request of:        (1)    The Behavioral Health Administration; or        (2)    The Developmental Disabilities Administration.    (d)    The Director of the Behavioral Health Administration shall give an individual the opportunity for a hearing on the proposed transfer.
MD. Health - General Code Ann. §  10-813 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 8 - Release and Transfers|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.
MD. Health - General Code Ann. §  10-1001 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 10 - Prohibited Acts; Penalties; Civil Liability|Section 10-1001 - Operating Without License

    (a)    A person may not operate a private, inpatient facility unless licensed by the Department.    (b)    A person who operates a private, inpatient facility in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.    (c)    An employee, officer, operator, or director of a private, inpatient facility or any other person, who knowingly participates in a violation of this section, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.    (d)    In addition to any other penalties specified in this section, an individual who is admitted or held against the individual’s will by a person who is operating a private, inpatient facility without a license may recover civil damages from that person and from any other person who knowingly participates in the admission or detention.
MD. Health - General Code Ann. §  10-1002 (2021)
2021 Maryland Statutes|Health - General|Title 10 - Mental Health Law|Subtitle 10 - Prohibited Acts; Penalties; Civil Liability|Section 10-1002 - False Application or Certificate; Unlawful Detention

    (a)    A person may not:        (1)    Knowingly make a false application or certificate in connection with the admission or detention of any individual; or        (2)    Detain an individual in a manner contrary to Subtitle 6 or Subtitle 8 of this title.    (b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.    (c)    In addition to any other penalties specified in this section, a person who willfully violates any provision of this section is liable for civil damages sustained by the individual who is admitted or detained unlawfully.