There are State residential centers for individuals with an intellectual disability in the Developmental Disabilities Administration. The Deputy Secretary shall appoint an administrative head for each State residential center. Each State residential center shall: Establish and implement a safety plan for the safety of the individuals served by the State residential center; and Revise the safety plan not less than every 5 years. A State residential center may satisfy the requirement under subsection (c) of this section by implementing a safety or emergency plan established for the center for another purpose.

The Secretary shall approve the admission of an individual to a State residential center only if: The findings of the evaluation are that the individual: Has an intellectual disability; and For adequate habilitation, needs residential services; and There is no less restrictive setting in which the needed services can be provided and that is available to the individual or will be available to the individual within a reasonable time. The Secretary may not approve the admission of an individual to a State residential center if: The findings of the evaluation are that the individual: Does not have an intellectual disability; or Has an intellectual disability but does not need residential services for adequate habilitation; or There is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time. The Secretary shall provide an individual with the appropriate least restrictive service consistent with the individual’s welfare, safety, and plan of habilitation, if the individual: Has an application for services that has been approved under § 7–404(c) of this title; or Is considered eligible for transfer under Subtitle 8 of this title by the Deputy Secretary or the Deputy Secretary’s designee.

Within 21 days after the admission of an individual to a State residential center, a hearing officer of the Department shall hold a hearing on the admission in accordance with the rules and regulations that the Secretary adopts. Written notice of the admission of an individual and of the date, time, and place of the individual’s hearing on admission shall be given: On admission, to the individual; and As soon as possible, but not later than 5 days after the admission, to legal counsel for the individual and to the proponent of admission. The notice also shall state: The name of each proponent of the admission; The right of the individual who has been admitted: To consult with and be represented by a lawyer; and To call witnesses and offer evidence at the hearing on admission; The availability of the services of the legal aid bureaus, lawyer referral services, and other agencies that exist for the referral of individuals who need legal counsel; The rights of individuals with developmental disability under Subtitle 10 and § 7–1102 of this title; and The rights of individuals to release under §§ 7–506, 7–507, and 7–508 of this subtitle. The Department shall prepare and provide each State residential center with standard forms that set forth, in clear and simple words, the notice provisions of this section. At the hearing, in order to certify the admission of the individual, it must be affirmatively shown by clear and convincing evidence that the conclusions leading to the decision to admit the individual are supported by the following findings: The individual has an intellectual disability; The individual needs residential services for the individual’s adequate habilitation; and There is no less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time after the hearing. If the hearing officer shall find from the admissible evidence that the conclusions leading to the admission are not proved, the hearing officer shall so certify and the individual shall be released from the State residential center. If the hearing officer shall find from clear and convincing evidence that all of the admission requirements have been proved, the hearing officer shall so certify and the individual’s admission shall be considered approved. If the hearing officer certifies the admission of an individual to a State residential center, the hearing officer shall, at the conclusion of the hearing, write on the certification form any additional services of habilitation that are not included in the evaluation report, but that the hearing officer finds from the evidence are needed by the individual. If the hearing officer certifies the admission of an individual to a State residential center, the hearing officer shall, at the conclusion of the hearing, advise that individual and the legal counsel of the individual’s right to seek judicial release from the State residential center under § 7–507 of this subtitle. The hearing officer shall also advise that individual and the legal counsel of: The individual’s rights under the appeal provisions of §§ 10–222 and 10–223 of the State Government Article; and The individual’s right to file a petition for habeas corpus under § 7–506 of this subtitle.

The determination of a hearing officer on an admission under this subtitle is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.

At least once a year, each individual with an intellectual disability who is admitted to a State residential center shall be reevaluated to determine: Whether the individual continues to meet the requirements of this subtitle for admission to a State residential center; Whether the services which the individual requires can be provided in a less restrictive setting; Whether the individual’s plan of habilitation as required by § 7–1006 of this title is adequate and suitable; and Whether the State residential center has complied with and executed the individual’s plan of habilitation in accordance with the rules, regulations, and standards that the Secretary adopts. If the Secretary finds that any individual no longer meets the admission requirements of this subtitle, the Secretary shall begin appropriate proceedings for release or transfer of that individual.

Any individual who has been admitted to a State residential center 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.

Subject to the limitations in this section, a petition for the release of an individual who is held under this subtitle from a State residential center 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 a circuit court for the county: Where the individual resides or resided at the time of the admission; or Where the State residential center is located. The Administration shall be the respondent in a petition under this section. The petition shall be in the form and contain the information that 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 an intellectual disability; Whether for adequate habilitation, the individual needs residential services; and Whether there is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time. The court shall remand the individual to the custody of the State residential center, if the trier of fact determines that: The individual has an intellectual disability; For adequate habilitation the individual needs residential services; and There is no less restrictive setting in which those services needed can be provided and which is available to the individual or will be available to the individual within a reasonable time. The court shall order that appropriate less restrictive services be offered to an individual, if the trier of fact determines that: The individual has an intellectual disability; For adequate habilitation the individual needs residential services; and There is a less restrictive setting in which the service can be provided, and which from evidence submitted by the Director is available or will be available to the individual within a reasonable time. The individual shall be released from the State residential center, if the trier of fact determines that: The individual does not have an intellectual disability; For adequate habilitation the individual does not need residential services; or There is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time. 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 under this section, a court may not hear a later petition for the individual within 1 year after that determination, unless: The petition is verified, and alleges an improvement in the condition of the individual with an intellectual disability after the determination; and The court, after review of the verified petition, determines that the matter should be reopened. If the matter is reopened, the petition shall be heard as provided in this section.

At the direction of the Secretary, an individual who has been admitted under this subtitle shall be released from a State residential center if: The individual is not an individual with an intellectual disability; The individual is an individual with an intellectual disability but does not need residential services; or There is an available, less restrictive kind of service that is consistent with the welfare and safety of the individual. At the direction of the Secretary, any individual who has been admitted under this subtitle may be released conditionally from a State residential center for individuals with an intellectual disability, if, in the judgment of the Secretary, the individual: Would be cared for properly by the individual or another person; and Would not endanger the individual or the person or property of another. The Secretary may set the conditions for release that the Secretary considers reasonable. The conditions may relate to: The duration of the release; Treatment during release; or Placement under supervised care in an approved setting. An individual with an intellectual disability released conditionally is considered to be held by the State residential center from which the individual was released. Each determination of 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, “respite care” means care that is made available for an individual with an intellectual disability in a State residential center to provide relief for the person with whom the individual ordinarily lives. Under regulations that the Department adopts, each State residential center shall reserve at least 2 percent, but not more than 4 percent, of its total beds for respite care. Respite care for an individual may not exceed 45 days within any 1–year period or 28 consecutive days.

In Part II of this subtitle, “board” means a citizens’ advisory board for a State residential center.

There is a citizens’ advisory board for each State residential center.

Each board consists of 7 members appointed by the Governor. The board for each State residential center shall reflect adequately the composition of the community that the State residential center serves. Of the 7 members of the board for a State residential center: At least 2 shall be parents or other relatives or guardians of residents of that State residential center; and Each of the others shall be individuals who: Are known for their interest in civic and public affairs; and Have expressed an active interest in the care of individuals with an intellectual disability, or generally in intellectual disability endeavors. The Governor shall appoint the members from a list of qualified individuals submitted to the Governor by the Secretary. The number of names on the list shall be at least twice the number of vacancies. Each member of the board for a State residential center shall be a resident of the region that the State residential center serves. The term of a member is 4 years. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member who serves 2 consecutive full 4-year terms may not be reappointed for 4 years after the completion of those terms.

From among its members, each board shall elect a chairperson and other officers that the board considers necessary. The manner of election of officers and their terms of office shall be as the board determines.

Each board shall meet at least 4 times a year, at the times and places that it determines. A member of a board: May not receive compensation; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Each board may adopt regulations for the conduct of its meetings. Each board serves in an advisory capacity. Each board shall: Submit to the Secretary an annual report on: The needs of individuals with an intellectual disability; and The extent to which its State residential center meets these needs; Advise the administrative head of the State residential center on its goals, programs, and policies; Help in evaluating the degree to which these goals are achieved; Review and make recommendations about the annual budget of the State residential center; Assume leadership in developing community understanding of the needs of individuals with an intellectual disability; and Carry out any other responsibility that the administrative head of the State residential center requests.

The administrative head for each State residential center may appoint any employee as a law–enforcement officer and, while the employee holds a special police commission issued by the Governor, the employee may: Return an individual with an intellectual disability to the State residential center from which the individual has left without approved leave; and Be used to protect individuals or property at the State residential center.

In this section the following words have the meanings indicated. “ICF–ID income” means all revenues received by an ICF–ID from any source providing ICF–ID services to residents of the facility. “Intermediate care facility for individuals with an intellectual disability (ICF–ID)” means a State residential center for individuals with an intellectual disability. Each ICF–ID operating in Maryland is subject to an assessment of 6% of all ICF–ID income. The assessment required by this section shall: Be paid by each ICF–ID in accordance with this section; or Terminate if the assessment is not permissible under Section 1903(w) of the Social Security Act. On or before the 15th day of each quarter of the State fiscal year, each ICF–ID shall pay to the Department 6% of the ICF–ID income received during the previous fiscal quarter. For fiscal year 2004, the assessment required by this section shall be paid on or before June 20, 2004, based on the ICF–ID income received during the period from April 1, 2003, through March 31, 2004. The Department may adopt regulations to implement this section.