THEODORE R. MCKELDIN, GOVERNOR 1351

AS JUDGE AND JURY. THE DEFENDANT when sum-
moned for hearing shall be given a copy of the report of the
Bureau INSTITUTION; he shall be represented by counsel
of his own choice, or if he makes no choice, by competent
counsel appointed by the Court, and shall be given full oppor-
tunity to summon witnesses to and present evidence at the
said hearing.

(b) Counsel shall be chosen by the defendant or appointed by
the Court within twenty days of the service of the summons
and report upon the defendant; the hearing shall be set so as
to allow counsel not less than thirty days from the date of his
appointment in order to prepare his case, unless he himself
shall request an earlier hearing, which then may be granted
in the discretion of the Court.

(C) COUNSEL FOR THE DEFENDANT, AND FOR THE
STATE, SHALL HAVE ACCESS TO ALL RECORDS, RE-
PORTS, AND PAPERS OF THE INSTITUTION RELAT-
ING TO THE DEFENDANT, AND TO ALL PAPERS IN
THE POSSESSION OF THE COURT BEARING UPON
THE DEFENDANT'S CASE.

9. (Sentence. ) (a) If the Court or the jury, as the case may
be, shall find and determine that the said defendant is not a
defective delinquent, the Court shall order him returned to
custody for 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) If the Court or the jury, as the case may be, shall find
and determine that the said defendant is a defective delin-
quent, the Court shall so inform the defendant, and shall order
him to be committed or returned to the Bureau INSTITU-
TION for confinement in an institution for the care of de-
fective delinquents, AS A DEFECTIVE DELINQUENT, for
an indeterminate period without either maximum or minimum
limits. In such event, the sentence for the original criminal
conviction, or any unexpired portion thereof, shall be and re-
main suspended, and the defendant shall no longer be confined
for any portion of said original sentence, except as otherwise
provided herein. Instead, the defendant shall thenceforth re-
main in the custody of the institution for defective delinquents,
subject to the provisions of this Article.

10. (Petition for Review. ) (a) Any person confined as a
defective delinquent under an indeterminate sentence in any
institution for defective delinquents, or anyone in his behalf,
including the Director or any officer or employee thereof, may
file a petition in the circuit court for any county or in a court