Maryland Code, PUBLIC SAFETY 5-133.2
Terms Used In Maryland Code, PUBLIC SAFETY 5-133.2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) “Facility” has the meaning stated in § 10-101 of the Health – General Article.
(3) “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System.
(b) (1) A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:
(i) determines that a person is not criminally responsible under § 3-110 of the Criminal Procedure Article;
(ii) finds that a person is incompetent to stand trial under § 3-106 of the Criminal Procedure Article; or
(iii) finds under § 13-201(c) or § 13-705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.
(2) On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:
(i) the name and identifying information of the person; and
(ii) the date of the determination or finding.
(c) (1) A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 10-609 of the Health – General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health – General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:
(i) the person has been admitted to a facility for 30 consecutive days or more; or
(ii) the person has been involuntarily committed to a facility.
(2) On admission to a facility the following information shall be reported to the NICS Index:
(i) the name and identifying information of the person admitted or committed;
(ii) the date the person was admitted or committed to the facility; and
(iii) the name of the facility to which the person was admitted or committed.