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Session Laws, 1951
Volume 603, Page 1348   View pdf image (33K)
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1348 LAWS OF MARYLAND [CH. 476

TION, and with the Board of Correction from time to time,
and shall give to the
Bureau INSTITUTION a general consul-
tative and advisory service on problems and matters relating
to its work.
THE ADVISORY BOARD SHALL HAVE THE
POWER TO PREFER CHARGES AND RECOMMEND TO
THE GOVERNOR THE REMOVAL OF THE DIRECTOR.

(E) NO SURGICAL OPERATION SHALL BE PER-
FORMED AS TREATMENT OF ANY DEFECTIVE DE-
LINQUENT EXCEPT AS AUTHORIZED BY THE AP-
PROVAL OF THE ADVISORY BOARD AND ALSO BY
THE WRITTEN CONSENT OF THE DEFECTIVE DELIN-
QUENT, HIS NEAREST RELATIVE, OR THE ORDER OF
THE COURT.

DEFECTIVE DELINQUENTS

5. (Defined. ) For the purposes of this Article, a defective
delinquent shall be
defined as an individual who, by the demon-
stration of persistent aggravated anti-social or criminal be-
havior, evidences a propensity toward criminal activity, and
who is found to have either such intellectual deficiency or emo-
tional unbalance, or
both, AS TO CLEARLY DEMON-
STRATE AN ACTUAL DANGER TO SOCIETY SO as to
require confinement and treatment under an indeterminate
sentence, subject to being released only if the intellectual de-
ficiency and/or the emotional unbalance is so relieved as to
make it reasonably safe for society to terminate the confine-
ment and treatment.

6. (Requests for Examination. ) (a) A request may be made
that a person be examined for possible defective delinquency if
he has been convicted and sentenced in a court of this State
for a crime or offense coming under one or more of the follow-
ing categories: (1) a felony; (2) a misdemeanor punishable by
imprisonment in the penitentiary; (3) a crime of violence; (4)
a sex crime involving: (a) physical force or violence, (b) dis-
parity of age between an adult and a minor, or (c) a sexual act
of an uncontrolled and/or repetitive nature; (5) two or more
convictions for any offenses or crimes punishable by imprison-
ment, in a criminal court of this State.

(b) The request for such examination may be made by the
State's Attorney or Assistant State's Attorney who prosecuted
the person for a crime or offense specified hereinabove in this
section, or by the Chairman of the Board of Correction, on
any knowledge or suspicion of the presence of defective delin-
quency, in the defendant in such case. The defendant himself,
or his attorney in his behalf, may make such a request of the
Court. Whenever a request for examination comes from any



 

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Session Laws, 1951
Volume 603, Page 1348   View pdf image (33K)
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