1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Confined” means an order by the court pursuant to Criminal Procedure Article, §3-106(d)(2), Annotated Code of Maryland.
   2. (2) “Court-ordered evaluation” means an evaluation ordered by the court under Criminal Procedure Article, §§3-105 and 3-111, Annotated Code of Maryland, to assist the court to determine if an individual is incompetent to stand trial or is not criminally responsible because of mental retardation.
   3. (3) “Department” means the Maryland Department of Health.
   4. (4) “Evaluation unit” means a part of the forensic residential center dedicated to performing court-ordered evaluations pursuant to Criminal Procedure Article, Title 3, Annotated Code of Maryland.

   5. (5) “Forensic residential center (FRC)” means a facility that is:

      1. (a) Licensed to provide a continuum of integrative services to individuals with an intellectual disability:

         1. (i) Ordered by the court for an evaluation or to be confined;
         2. (ii) Court-committed for care or treatment to the Department as incompetent to stand trial or not criminally responsible, who are dangerous as a result of mental retardation; or
         3. (iii) On conditional release and returned to the facility either voluntarily or on hospital warrant;
      2. (b) A related institution as defined in Health-General Article, §19-301(o), Annotated Code of Maryland; and
      3. (c) Not an extended care or comprehensive rehabilitation facility.
   6. (6) “Incompetent to stand trial (IST)” has the meaning set forth in Criminal Procedure Article, §3-101(f), Annotated Code of Maryland.
   7. (7) “Not criminally responsible (NCR)” means a verdict of not criminally responsible as set forth in Criminal Procedure Article, §3-109, Annotated Code of Maryland.
   8. (8) “Qualified developmental disabilities professional (QDDP)” means an individual who coordinates and monitors the delivery of services for individuals with an intellectual disability.
   9. (9) “Therapeutic care unit” means an FRC or part of an FRC dedicated to providing care or treatment to individuals who are court-committed or confined.

Authority: Health-General Article, §§2-102 and 7-904; Criminal Procedure Article, §3-102; Annotated Code of Maryland

Effective date:

Regulations .01—.06 adopted as an emergency provision effective July 10, 2008 (35:16 Md. R. 1388); emergency status extended at 36:2 Md. R. 96; adopted permanently effective January 26, 2009 (36:2 Md. R. 100)

Regulation .02B amended effective January 20, 2014 (41:1 Md. R. 13)

Regulation .04G amended effective January 20, 2014 (41:1 Md. R. 13)