§ 9-602. Sick inmates

   (a) In general. -- Whenever the Division of Correction determines that an inmate in a correctional facility in the Division is ill and the facilities of the correctional facility are inadequate to provide treatment for the illness, the Division may direct the managing official of the correctional facility to order the temporary removal of the inmate from the correctional facility to a facility in the State in which the inmate may receive adequate treatment.

(b) Time period of removal. -- The Division of Correction may direct the temporary removal of an inmate from a correctional facility under subsection (a) of this section for a specified or unspecified time period.

(c) Requirements. -- An order of temporary removal under subsection (a) of this section shall:

   (1) be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the inmate; and

   (2) require the inmate to be returned to a correctional facility in the Division of Correction as soon as the inmate's health allows.

(d) Effect on status of inmate. -- During the period of the inmate's temporary removal under this section, an inmate remains in the custody of the Division of Correction for the purposes of determining:

   (1) the release date of the inmate; and

   (2) diminution of the inmate's term of confinement in accordance with § 3-702 through 3-704 of this article.

(e) Escape during period of removal. -- An inmate who escapes while temporarily removed under this section is guilty of escape and subject to the penalties of § 9-404 of the Criminal Law Article.

(f) Reimbursement for expenses. --

   (1) The expenses of an inmate's accommodation, maintenance, and medical care incurred as a result of the inmate's temporary removal under this section shall be paid:

      (i) by the inmate;

      (ii) by relatives or friends of the inmate; or

      (iii) from any available fund that may be used to pay the hospital expenses of an inmate in the correctional facility.

   (2) If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:

      (i) the county from which the inmate was committed shall be billed for payment of the expenses; and

      (ii) the managing official of the correctional facility to which the inmate was committed shall collect payment in accordance with Title 16 of the Health - General Article.

(g) Regulations. -- The temporary removal of an inmate from a correctional facility under this section is subject to any regulations adopted by the Division of Correction regarding correctional officers, supervision, and terms of temporary removal.

HISTORY: An. Code 1957, art. 27, § 698; 1999, ch. 54, § 2; ch. 422, § 3; 2002, ch. 213, § 6.