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Session Laws, 1951
Volume 603, Page 1349   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1349

such source, the Court shall order the person to be examined
by the institution for defective delinquents to ascertain if he or
she is a defective delinquent. The Court also may make such
an order on its own initiative.
A COPY OF ANY ORDER
FOR EXAMINATION SHALL BE SERVED UPON THE
PERSON TO BE EXAMINED.

(c) Such an examination may be requested and made at any
time after the person has been convicted and sentenced for a
crime or offense specified hereinabove in this section, provided
that the said person has been sentenced to a period of confine-
ment in a penal institution or is then serving such a sentence.
No such examination shall be ordered or made if the said per-
son has been released from confinement for the particular
crime or offense of which he was convicted.

(d) The request for such an examination shall be by petition
filed with the Court having custody of or jurisdiction over the
said person, stating therein the reasons for suspecting or sup-
posing the presence of defective delinquency in the said person.
The Court in ordering the examination by the institution for
defective delinquents shall do so by formal written order
directed to the Department of Correction and to the Bureau
INSTITUTION for Defective Delinquents.

(E) THE COURT WHICH LAST SENTENCED THE DE-
FENDANT, WHETHER OR NOT THE TERM OF COURT
IN WHICH HE WAS SENTENCED HAS EXPIRED,
SHALL RETAIN JURISDICTION OF THE DEFENDANT
FOR THE PURPOSE OF ANY OF THE PROCEDURES
SPECIFIED IN SECTIONS 6, 7, 8, OR 9 HEREOF.

7. (a) (Examination. ) Any such examination shall be made
by at least three persons on behalf of the institution for defec-
tive delinquents, one of whom shall be a medical physician, one
a psychiatrist, and one a psychologist. They shall assemble all
pertinent information about the person to be examined, before
proceeding therewith, including a complete statement of the
crime for which he has been sentenced, the circumstances of
such crime, the Court in which he was sentenced, the nature of
the sentence, copies of any probation or other reports which
may have been made about him, and reports as to his social,
physical, mental and psychiatric condition and history. On the
basis of all the assembled information, plus their own personal
examination and study of the said person, they shall determine
whether in their opinion, or in the opinion of a majority of
them, the said person is or is not a defective delinquent. They
shall state their findings in a written report addressed to the
Court. If the substance of the report is that the said person is
not a defective delinquent, he shall be returned forthwith to



 

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Session Laws, 1951
Volume 603, Page 1349   View pdf image (33K)
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