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<section article="gcs" article_name="Correctional Services" number="9-602" title_number="9" title_name="State and Local Correctional System -- Incarcerated Individuals" subtitle_number="6" subtitle_name="Miscellaneous">
  <level label="a">
    <text>Whenever the Division of Correction determines that an incarcerated individual in a correctional facility in the Division is ill and the facilities of the correctional facility are inadequate to provide treatment for the illness, the Division may direct the managing official of the correctional facility to order the temporary removal of the incarcerated individual from the correctional facility to a facility in the State in which the incarcerated individual may receive adequate treatment.</text>
  </level>
  <level label="b">
    <text>The Division of Correction may direct the temporary removal of an incarcerated individual from a correctional facility under subsection (a) of this section for a specified or unspecified time period.</text>
  </level>
  <level label="c">
    <text>An order of temporary removal under subsection (a) of this section shall:</text>
    <level label="1">
      <text>be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the incarcerated individual; and</text>
    </level>
    <level label="2">
      <text>require the incarcerated individual to be returned to a correctional facility in the Division of Correction as soon as the incarcerated individual’s health allows.</text>
    </level>
  </level>
  <level label="d">
    <text>During the period of the incarcerated individual’s temporary removal under this section, an incarcerated individual remains in the custody of the Division of Correction for the purposes of determining:</text>
    <level label="1">
      <text>the release date of the incarcerated individual; and</text>
    </level>
    <level label="2">
      <text>diminution of the incarcerated individual’s term of confinement in accordance with §§ 3–702 through 3–704 of this article.</text>
    </level>
  </level>
  <level label="e">
    <text>An incarcerated individual who escapes while temporarily removed under this section is guilty of escape and subject to the penalties of § 9–404 of the Criminal Law Article.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s temporary removal under this section shall be paid:</text>
      <level label="i">
        <text>by the incarcerated individual;</text>
      </level>
      <level label="ii">
        <text>by relatives or friends of the incarcerated individual; or</text>
      </level>
      <level label="iii">
        <text>from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.</text>
      </level>
    </level>
    <level label="2">
      <text>If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:</text>
      <level label="i">
        <text>the county from which the incarcerated individual was committed shall be billed for payment of the expenses; and</text>
      </level>
      <level label="ii">
        <text>the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>The temporary removal of an incarcerated individual from a correctional facility under this section is subject to any regulations adopted by the Division of Correction regarding correctional officers, supervision, and terms of temporary removal.</text>
  </level>
</section>
