Theodore R. McKeldin, Governor                  1383

said conviction] under his original sentence as if he had not been
examined for possible defective delinquency. Provided, however, that
the said person shall be returned to the custody of the Department
of Correction with full credit for such time as he has already spent
in the institution for defective delinquents or elsewhere within the
custody of the Department of Correction including such allowances
(or disallowances) relating to good behavior and/or work performed
as the Board of Correction may determine under the provisions of
Section 776 of Article 27 of the Code (1951 Edition as amended from
time to time).

(b) In addition to the examination provided in the aforegoing sub-
paragraph (a), whenever a request has been made to examine any
person for defective delinquency by the State's Attorney or Assistant
State's Attorney, Chairman of the Board of Correction, 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 purpose of determining whether he is a defective de-
linquent within the terms of this Act; and the reasonable costs of
such examination shall be defrayed by the State of Maryland from
the appropriations to the Judiciary, in such amount as may be ap-
proved by the Court. The report of examination made by such
psychiatrists shall be submitted in writing addressed to the Court.

8.    (Hearing.) (a) If the Institution for Defective Delinquents
in its report on any individual shall state that he is a defective de-
linquent, the Court shall summon the individual before it for hearing,
and may in its discretion summon other witnesses and secure further
evidence. Upon the application of the State, or of the defendant for
a jury trial, or upon its own motion, 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. The Court shall direct such jury after
hearing to find specially, by its verdict, whether the defendant is a
defective delinquent as defined in Section [6] 5. In the absence of
request for finding by a jury, the Court may make such determination
sitting as judge and jury. The defendant when summoned for hearing
shall be given a copy of the report of the 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
opportunity to summon witnesses to and present evidence at the said
hearing.

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. Provided, however, that the said de-
fendant shall be returned to custody under his original sentence with
full credit for such time as he has already spent in the institution for
defective delinquents or elsewhere within the custody of the Depart-
ment of Correction including such allowances (or disallowances) re-
lating to good behavior and/or work performed as the Board of Cor-
rection may determine under the provisions of Section 776 of Article
27 of the Code (1951 Edition as amended from time to time).