1384                             Laws of Maryland                       [Ch. 762

10. (Petition for Review.) (a) [Any person confined] After any
person shall have been confined for two years as a defective delin-
quent under an indeterminate sentence in any institution for defective
delinquents, he, 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 of law in Baltimore City LAW COURTS
OF THE COUNTY, OR BALTIMORE CITY, AS THE CASE MAY
BE, EITHER WHERE SUCH PERSON WAS ORIGINALLY SEN-
TENCED, OR WHICH WAS THE BONA FIDE RESIDENCE OF
THE PETITIONER AT THE TIME OF SUCH SENTENCE, request-
ing that the person so confined be brought before said court for the
purpose of having the defective delinquency of such person redeter-
mined. PROVIDED, HOWEVER, THAT IF THE LAW COURT OF
THE COUNTY OR BALTIMORE CITY, AS THE CASE MAY BE,
FROM WHICH HE WAS ORIGINALLY SENTENCED OR IN
WHICH HE WAS A BONA FIDE RESIDENT AT THE TIME OF
SUCH SENTENCE ARE ONE AND THE SAME, THE PETITION-
ER SHALL HAVE AN ABSOLUTE RIGHT TO FILE HIS PETI-
TION IN THE LAW COURT OF ANY OTHER COUNTY OR IN
BALTIMORE CITY. The Court shall forthwith proceed to hear and
determine the matter. If the person so confined, or anyone in his be-
half, 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 part 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 de-
fective delinquent, the court shall order said person recommitted 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 [.] , includ-
ing 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).

13.

(e) If the Institutional Board of Review as a result of its review
and reexamination of any person believes that he has sufficiently
improved to warrant his unconditional release from custody as a
defective delinquent, it shall so inform whatever Court has jurisdic-
tion over the person. The Court then shall make such further study
of such person as seems necessary, and may at its discretion summon
such person before it for a further hearing, together with any wit-
nesses whose testimony may be pertinent and together with any
relevant documents or other evidence. On the basis of such reports,
study and possible hearing, the Court shall determine whether the
person before it shall be released unconditionally from custody as
a defective delinquent, released conditionally on a, leave of absence
or parole, returned to the custody of the Institution as a defective
delinquent, or returned to the penal system under the Department
of Correction, to serve the original sentence upon which he was com-
mitted prior to being classified as a defective delinquent, deducting
from such original sentence the time which has been spent in the