Section 10-1302 - Persons subject to subtitle; action on demand. - Maryland Statutes

§ 10-1302. Persons subject to subtitle; action on demand.
 

(a)  Scope of section.- 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)  Action on demand.- 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. 
   
Revisor's Note.

    Chapter 10, Acts of 2001, which enacted the Criminal Procedure Article, also enacted this section, which formerly was Art. 41, § 2-303. It is tabulated for clarity. 
  Defined Terms.

   
 
"Flee"                                                             § 10-1301

    "Person"                                                          § 1-101

    "State"                                                           § 1-101
 

[2001, ch. 10, § 5.]