Reporting by courts or health facilities.

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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.


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