(a) In this section, “federal agency” means the Department of Veterans Affairs or any other agency of the United States
(b) Whenever the transfer of an individual to a federal agency is planned under this
section, the Director or administrative head of a facility, with the consent of the
individual, shall notify the parent or next of kin of the individual about the transfer. In the case of a minor child or an individual who is assigned a legal guardian,
the parent of the minor child or the legal guardian of the individual shall be notified
of any planned transfer.
(c)(1) The Director may transfer an individual from a facility to a Veterans' Administration
hospital in this State, if the individual is entitled to benefits in that hospital.
(2) After the transfer, the chief officer of the Veterans' Administration hospital
has all the powers and rights of the Administration as to that individual.
(d)(1) If a court of competent jurisdiction of any other state commits an individual
to a federal agency for care or treatment, the commitment judgment or order affects
the individual, while the individual is in this State, to the extent that the judgment
or order would affect the individual in the other state.
(2) The courts of the committing state have continuing jurisdiction over the committed
individual to inquire into the mental condition of that individual and determine the
need to continue commitment.
(3) Retention, custody, transfer, parole, and release of the committed individual
are governed by the law of the committing state.
(e)(1) The administrative head of a facility may transfer any individual to a federal
agency for care or treatment if the federal agency certifies that facilities are available
for the individual and that the individual is eligible for care or treatment.
(2) The facility shall give a proper officer of the court that ordered commitment
notice of the transfer when it is made.
(3) An individual may not be transferred under this subsection if the individual is
confined under a conviction of a crime or if the individual is committed under Title
12 of this article unless, after appropriate motion and hearing, the court or other
authority that committed the individual orders the transfer.
(f) Any individual transferred under this section is deemed to be committed to the
federal agency under the original commitment.
(g) This section applies to residents and nonresidents of this State found in this
State or on any federal reservation in this State.
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