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

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.

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. 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. 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. 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.

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. 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.

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: The individual; or Any person who has a legitimate interest in the welfare of the individual. 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. If the individual is in a public facility, the Administration shall be the respondent. If the individual is in a private facility or a Veterans’ Administration hospital, it shall be the respondent. The petition shall be in the form and contain the information the Maryland Rules require. If the petitioner requests trial by jury, the trial shall be held with a jury as in a civil action at law. The trier of fact shall determine: Whether the individual has a mental disorder; and If so, whether the individual needs inpatient medical care or treatment for the protection of the individual or another. 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. 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. Any party may appeal from a decision on the petition as in any other civil case. Appropriate records of the proceeding under this section shall be made a permanent part of the individual’s record. 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. An affidavit is not valid if executed by an individual under care or treatment in a facility or Veterans’ Administration hospital. If the matter is reopened, the petition shall be heard as provided in this section. If the affidavit does not show improvement in the individual’s mental condition, the petition shall be dismissed.

In this section, “responsible official” means: If the individual is held in a Veterans’ Administration hospital, the chief officer of the Veterans’ Administration hospital; or If the individual is held in any other facility, the Director or the administrative head of the facility. At the direction of the responsible official, an individual who has been admitted under this title shall be released from a facility or a Veterans’ Administration hospital if the individual: Does not have a mental disorder; or Has a mental disorder but: Does not need inpatient medical care or treatment to protect the individual or another; Would not endanger the individual or the person or property of another; and Would be cared for properly by the individual or by a responsible person who is able and willing to care for the individual. At the direction of the responsible official, any individual who has been admitted under this title shall be released conditionally from a State facility within 2 weeks after the responsible official, with the written consent of the individual: Certifies that the individual: Would not endanger the individual or the person or property of another; and Could live in the community with appropriate assistance under the protective services program provided for in § 14–201 of the Family Law Article; and Notifies the provider of the protective services and the local department of social services in the county where the individual would live. At the direction of the responsible official, any individual who has been admitted under this title may be released conditionally from a facility other than a State facility or from a Veterans’ Administration hospital, if, in the judgment of the responsible official, the individual: Would be cared for properly by the individual or by a responsible person who is able and willing to care for the individual; and Would not endanger the individual or the person or property of another. The responsible official may set the conditions for release that the responsible official considers reasonable. The conditions may relate to: The duration of the release; or Care or treatment during release. As resources allow, services shall be provided to individuals released from a State facility in accordance with the aftercare plan required by § 10–809 of this subtitle, as follows: The Behavioral Health Administration shall provide community mental health services that are suitable to the needs of the individual; The Division of Rehabilitation Services shall provide, to individuals determined to be eligible, vocational rehabilitation services and occupational placement opportunities consistent with the assessed needs and abilities of the individual; and The Department of Human Services shall provide needed case management services and shall make arrangements for housing suitable to the needs of the individual. For purposes of annual examination and execution of new admission documents, an individual released conditionally is considered to be held by the facility or Veterans’ Administration hospital from which the individual was released. A facility shall release an individual who has been admitted to the facility within 1 year after the admission if, before the expiration of that 1–year period: The individual, whether admitted on a formal, written application or on informal request, does not execute a new application for the voluntary admission; The parent or guardian does not execute a new request for the voluntary admission of the minor individual; or The physician and psychologist or 2 physicians do not execute the new certificates required for involuntary admission of the individual. Each determination on any release of an individual, whether full or conditional, including a summary of the reasons for the determination, shall be made a permanent part of the individual’s record.

In this section, “public facility” means a facility under § 10–406 of this title maintained under the direction of the Administration. 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 Hospital Center, if the Director finds that: The individual either can receive better care or treatment in or would be more likely to benefit from care or treatment at the Clifton T. Perkins Hospital Center; or The safety or welfare of other individuals would be furthered. Prior to transferring an individual from a public facility to the Clifton T. Perkins Hospital Center, the Director shall give the individual notice and an opportunity for a hearing before the Office of Administrative Hearings, unless the Director finds that an emergency requires the immediate transfer of the individual. If the Director determines that an emergency requires the immediate transfer of an individual, the individual may be transferred to the Clifton T. Perkins Hospital Center if the Administration: Provides notice to the individual; and Schedules a post transfer hearing before the Office of Administrative Hearings within 10 calendar days after the transfer. A hearing requested by an individual under paragraph (1) of this subsection shall be convened at the public facility within 30 calendar days after the individual received notice of the transfer. If a hearing is requested by the individual in accordance with subsection (c)(1) of this section, the hearing shall be utilized to determine whether the Administration has demonstrated by preponderance of the evidence that the criteria for transfer have been met. A decision of an administrative law judge under this section shall be the final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article. The Director may transfer any individual who is a resident of another state to a facility in that state if the Director finds that the transfer is feasible. Any finding that the Director makes under this section shall be in writing and filed with the records of the individual involved. A copy of the finding and the notice to the facility to which the individual is being transferred shall be sent to the guardian or other legal representative of the individual. The Director may transfer an individual between public facilities, other than the Clifton T. Perkins Hospital Center, without the consent of the individual if the Director finds that administrative or clinical reasons require a transfer of the individual from the facility. In effecting a transfer of an individual from a unit in a public facility to another unit in the facility or to another public facility, the transferring facility shall provide for the transfer of all the records necessary for continuing the care of the individual on or before the date of transfer to the facility to which the individual is being transferred. This subsection is not intended to preempt the requirements of § 10–625 of this title. An individual may not be transported to or from any facility unless accompanied by: An ambulance attendant or other individual who is authorized by the facility and is of the same sex. However, the chief executive officer of the facility or that officer’s designee may designate an ambulance attendant or other person of either sex to provide transportation to an individual, if deemed appropriate; or The parent, spouse, domestic partner, adult sibling, or adult offspring of the individual.

In this section, “federal agency” means the Department of Veterans Affairs or any other agency of the United States government. 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. 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. After the transfer, the chief officer of the Veterans’ Administration hospital has all the powers and rights of the Administration as to that individual. 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. 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. Retention, custody, transfer, parole, and release of the committed individual are governed by the law of the committing state. 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. The facility shall give a proper officer of the court that ordered commitment notice of the transfer when it is made. 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. Any individual transferred under this section is deemed to be committed to the federal agency under the original commitment. This section applies to residents and nonresidents of this State found in this State or on any federal reservation in this State.

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 a legal guardian, the parent of the minor child or the legal guardian of the individual shall be notified of any planned release. Except as otherwise provided in this section, before a facility releases an individual who has been accepted as a resident in the facility, the administrative head of the facility or a designee of the administrative head shall: Prepare a written aftercare plan for the individual; With the consent of the individual send the plan to the treatment program in the community that the individual chooses; and Notify the individual of the advisability of making an advance directive for mental health services, as provided under § 5-602.1 of this article. If the individual requests assistance in making an advance directive for mental health services, the facility shall assist the individual in making the advance directive or refer the individual to an appropriate community resource to assist the individual in making the advance directive. When the administrative head of the facility or the designee of the administrative head refers the individual to an appropriate community resource under paragraph (2) of this subsection, the administrative head or designee shall notify the community resource of the name of and other available nonconfidential identifying information about the individual that has been referred to the community resource and of the individual’s interest in making an advance directive for mental health services. The Department shall provide training, sample forms, and information on advance directives for mental health services to assist facilities in compliance with this section. In this subsection, “aftercare services” means services: For individuals who no longer receive inpatient services for a mental disorder; and That enhance the opportunity to maintain a mentally ill individual in the community and to assist in the prevention of homelessness. “Aftercare services” include: Medical care; Psychiatric care; Vocational and social rehabilitation; Supportive housing; or Case management services. The aftercare plan shall be prepared in collaboration with community programs and government agencies that are to provide aftercare services to the individual after release. The aftercare plan shall include: Diagnoses, including existing psychiatric, somatic, and dental diagnoses; Treatment initiated; Medications prescribed, their dosage schedules, the amount of each medication given to the individual on release, and the information necessary to help the individual to obtain the prescribed medication in the community in accordance with the aftercare plan; Date of release; Location of community placement; Plan for continuing treatment; and List of referrals indicated, including: Public social services; Legal aid; Educational services; Vocational services; and Medical treatment other than mental health services. The Secretary shall periodically review selected aftercare plans and make a determination if the services included in the aftercare plans are meeting the needs of the particular individuals. The Secretary shall designate an existing employee within the Department whose primary function is to help coordinate the Department’s programs and services aimed at the prevention of homelessness to mentally ill individuals. If the individual does not consent to an aftercare plan, a statement to this effect signed by the individual or a parent, guardian, or other representative of the individual shall be placed in the individual’s record. With the consent of the individual, and before an individual who had been accepted as a resident in the facility is released from a facility, the staff of the facility shall assist the individual or the parent, guardian, or other representative of the individual in applying for the federal and State benefits for which the individual may be eligible. The staff of the facility shall begin assisting the individual or the parent, guardian, or other representative of the individual in the application process for benefits for the individual as early as possible after the individual is accepted as a resident in the facility. On acceptance as a resident to the facility, the facility shall provide to each individual, or the parent, guardian, or other representative of the individual, written information regarding federal and State benefits and application processes. �

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

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.

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. The Developmental Disabilities Administration shall determine whether transfer to a program for individuals with developmental disability is appropriate. 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: The Behavioral Health Administration; or The Developmental Disabilities Administration. The Director of the Behavioral Health Administration shall give an individual the opportunity for a hearing on the proposed transfer.

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