# Health - General (GHG)

## Title 10. Mental Health Law

### Subtitle 13. Uniform Act for the Extradition of Persons of Unsound Mind

#### Section 10-1301

(a) In this subtitle the following words have the meanings indicated.

(b) As applied to a request to return any person within the purview of this subtitle to or from the District of Columbia, the words "executive authority", "Governor", and "chief magistrate" respectively include the chief judge of the Superior Court of the District of Columbia and other authority.

(c) "Flee" means to depart:

  (1) Voluntarily or involuntarily from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which the proceedings may have been instituted or be pending; or

  (2) From the state where one is if one is under detention by law as a person of unsound mind and subject to detention.

(d) "Flight" means the act of fleeing.

(e) "State" includes a state, territory, district, and insular possession or other possession of the United States.

#### Section 10-1302

(a) This section applies to a person alleged to be of unsound mind found in this State, who has fled from another state, in which at the time of the flight the person:

  (1) Was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind;

  (2) Had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of the person having been acquired by a court of competent jurisdiction of the state from which the person fled; or

  (3) Was subject to detention in the other state, being then the person's legal domicile (personal service of process having been made) based on legal proceedings there pending to have the person declared of unsound mind.

(b) A person subject to this section shall, on demand of the executive authority of the state from which the person fled, be delivered up to be removed thereto.

#### Section 10-1303

(a)

  (1) This subsection applies whenever the executive authority of any state:

    (i) Demands of the Governor, a fugitive within the purview of Sec. 10-1302 of this subtitle; and

    (ii) Produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be a fugitive.

  (2) The Governor shall:

    (i) Cause a person subject to this subsection to be apprehended and secured, if found in this State;

    (ii) Cause immediate notice of the apprehension to be given to the executive authority making a demand for the person, or to the agent of the executive authority appointed to receive the fugitive; and

    (iii) Cause the fugitive to be delivered to the agent when the agent appears.

(b) If an agent does not appear within 30 days from the time of the apprehension, the fugitive may be discharged.

(c) All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand for the fugitive shall be paid by the demanding state.

(d) Any agent so appointed who receives the fugitive into custody shall be empowered to transmit the fugitive to the state from which the fugitive has fled.

(e) On application of any person interested, the Governor may demand the return to this State of any fugitive within the purview of this subtitle.

#### Section 10-1304

Any proceedings under this subtitle shall begin within 1 year after the flight referred to in this subtitle.

#### Section 10-1305

This subtitle shall be interpreted and construed to effectuate its general purpose to make uniform the laws of those states that enact it.

#### Section 10-1306

This subtitle is the Uniform Act for the Extradition of Persons of Unsound Mind.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)
