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Session Laws, 1951
Volume 603, Page 1350   View pdf image (33K)
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1350 LAWS OF MARYLAND [CH. 476

the custody of the Department of Correction on the original
criminal conviction,
and he shall begin or resume his period of
confinement on said conviction as if he had not been
examined
for possible defective delinquency.

(B) IN ADDITION TO THE EXAMINATION PRO-
VIDED IN THE AFOREGOING SUB-PARAGRAPH (A),
WHENEVER A REQUEST HAS BEEN MADE TO EXAM-
INE ANY PERSON FOR DEFECTIVE DELINQUENCY
BY THE STATE'S ATTORNEY OR ASSISTANT STATE'S
ATTORNEY, CHAIRMAN OF THE BOARD OF CORREC-
TION, OR BY THE COURT ON ITS OWN INITIATIVE,
THEN SUCH PERSON SHALL BE ENTITLED, UPON
REQUEST, TO BE EXAMINED BY A PRACTITIONER OF
PSYCHIATRY OF HIS OWN CHOICE FOR THE PUR-
POSE OF DETERMINING WHETHER HE IS A DEFEC-
TIVE DELINQUENT WITHIN THE TERMS OF THIS
ACT; AND THE REASONABLE COSTS OF SUCH EXAM-
INATION SHALL BE DEFRAYED BY THE STATE OF
MARYLAND IN SUCH AMOUNT AS MAY BE APPROVED
BY THE COURT. THE REPORT OF EXAMINATION
MADE BY SUCH PSYCHIATRIST SHALL BE SUB-
MITTED IN WRITING ADDRESSED TO THE COURT.

8. (Hearing. ) (a) If the Bureau INSTITUTION for Defec-
tive Delinquents in its report on any individual shall state
that he is a defective delinquent, the Court shall summon the
individual before it for hearing, and may in its discretion sum-
mon other witnesses and
securities further evidence. Upon the
application of the State or the defendant, -the Court shall

direct any jury impanelled to try such case to find special

ly, by its verdict, whether the defendant is a defective
delinquent; and the Court of its own motion may also direct
such an issue to the jury. The defendant SECURE FUR-
THER EVIDENCE. UPON THE APPLICATION OF THE
STATE, OR OF THE DEFENDANT FOR A JURY TRIAL,
OR UPON ITS OWN MOTION, THE COURT SHALL EM-
PANEL A JURY OF TWELVE PERSONS TO BE SE-
LECTED BY THE COURT FROM THE JURORS THEN
IN ATTENDANCE UPON SAID COURT; OR IF THE
COURT IS IN RECESS, THE JURORS SHALL BE SE-
LECTED FROM THOSE IN ATTENDANCE AT THE TERM
OF COURT AT WHICH SAID PETITION IS HEARD.
THE COURT SHALL DIRECT SUCH JURY AFTER
HEARING TO FIND SPECIALLY, BY ITS VERDICT,
WHETHER THE DEFENDANT IS A DEFECTIVE DE-
LINQUENT AS DEFINED IN SECTION 6. IN THE AB-
SENCE OF REQUEST FOR FINDING BY A JURY, THE
COURT MAY MAKE SUCH DETERMINATION SITTING


 

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Session Laws, 1951
Volume 603, Page 1350   View pdf image (33K)
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