§ 8839 -   Definitions

§ 8839. Definitions

As used in this subchapter,

(1) "Danger of harm to others" means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child.

(2) "Designated program" means a program designated by the commissioner as adequate to provide in an individual manner appropriate custody, care and habilitation to persons with mental retardation receiving services under this subchapter. Placement in the Brandon Training School may only be accomplished through the procedures set forth in subchapter 1 of chapter 206 of this title.

(3) "Person in need of custody, care and habilitation" means:

(A) a mentally retarded person;

(B) who presents a danger of harm to others; and

(C) for whom appropriate custody, care and habilitation can be provided by the commissioner in a designated program. (Added 1987, No. 248 (Adj. Sess.), § 9.)