(a) 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.
(b) 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.
(c) An order of temporary removal under subsection (a) of this section shall:
(1) be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the incarcerated individual; and
(2) 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.
(d) 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:
(1) the release date of the incarcerated individual; and
(2) diminution of the incarcerated individual's term of confinement in accordance with §§ 3-702 through 3-704 of this article.
(e) 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.
(f)(1) 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:
(i) by the incarcerated individual;
(ii) by relatives or friends of the incarcerated individual; or
(iii) from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.
(2) If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:
(i) the county from which the incarcerated individual was committed shall be billed for payment of the expenses; and
(ii) 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.
(g) 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.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 422, § 3, eff. Oct. 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
