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Session Laws, 1951
Volume 603, Page 1352   View pdf image (33K)
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1352 LAWS OF MARYLAND [CH. 476

of law in Baltimore City requesting that the person so confined
be
brought before said court for the purpose of having the de-
fective delinquency of such person
determined REDETER-
MINED. The court shall forthwith proceed to hear and deter-
mine the matter. If the person so confined, or anyone in his
behalf, shall pray a jury trial, the court shall empanel a jury
of twelve persons to be selected by the court from the jurors
then in attendance upon said court; or if the court is in recess,
the jurors shall be selected from those in attendance at the
term of court at which said petition is heard. Any party
in interest shall have the right
TO COUNSEL AND to process
to compel the attendance of witnesses
. If the court or jury,
as the case may be, shall determine that such person is a
defective delinquent, the court shall order said person re-
committed to the institution from which he immediately
came; otherwise he
shall be discharged from such confinement
and custody, or in the discretion of the Court committed under
his original sentence, less such time as he has already served
in the institution for defective delinquents or elsewhere within
the custody of the Board of Correction.

(b) After the right to apply for any such petition for review
under the provisions of this section shall have been exercised
once, it shall not again be sought under the provisions of this
section within less than three years following the prior seeking
of a petition for review from confinement under the same com-
mitment.

(C) THE RIGHT TO REVIEW SPECIFIED IN THIS
SECTION SHALL NOT BE CONSTRUED TO DEPRIVE
THE DEFENDANT OF HIS RIGHT TO PETITION FOR
HABEAS CORPUS AS IT MIGHT OTHERWISE EXIST.

11. (APPEAL. ) FROM ANY COURT ORDER ISSUED
UNDER THE PROVISIONS OF SECTION 9, OR OF SEC-
TION 10, THERE SHALL BE THE SAME RIGHT OF
APPEAL TO THE COURT OF APPEALS AS AFTER ANY
CONVICTION OF FELONY.

INSTITUTIONAL BOARD OF REVIEW

12. (Appointment. ) The Director of the Bureau for De-
fective Delinquents
CHIEF OF THE DIAGNOSTIC CLINIC
shall appoint from among the officers, employees and con-
sultants employed by it an Institutional Board of Review,
Said Board shall be so appointed as to give representation
to the psychiatrists, psychologists, sociologists, physicians and
custodial officers of the Bureau, or a majority of them. The
number of persons on the said Board may be set from time
to time by the Director,
CHIEF, so as to provide a Board to


 

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Session Laws, 1951
Volume 603, Page 1352   View pdf image (33K)
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