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(a)(1) In this section the following words have the meanings indicated.
(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 Trust 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.
Cite this article: FindLaw.com - Maryland Code, Public Safety § 5-133.2 - last updated December 31, 2021 | https://codes.findlaw.com/md/public-safety/md-code-public-safety-sect-5-133-2/
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