934                               Laws of Maryland                       [Ch. 558

linquents", be and they are hereby repealed and re-enacted, with
amendments, to read as follows:

4.
(c).

(1)  The Board of Correction is authorized in its discretion to
transfer into the Patuxent Institution any person sentenced to or
confined in the Maryland Penitentiary, the Maryland House of Cor-
rection, the Maryland State Reformatory for Males, or the Maryland
State Reformatory for Women., WHO FALLS WITHIN ANY ONE
OF THE CATEGORIES MENTIONED IN SECTION 6 (A) OF
THIS ARTICLE; PROVIDED, HOWEVER, THAT THE PRO-
VISIONS OF SECTIONS 5 TO 13, BOTH INCLUSIVE, OF THIS
ARTICLE SHALL NOT APPLY TO PERSONS TRANSFERRED
TO PATUXENT INSTITUTION BY THE BOARD OF CORREC-
TION FOR THE PURPOSE OF EMPLOYMENT AT SAID INSTI-
TUTION AS PROVIDED IN SECTION 16 OF THIS ARTICLE,
AS AMENDED BY THE ACTS OF 1955, CHAPTER 244. Such
transfer may be made at any time the Board, in its discretion, deter-
mines that it would improve discipline or aid in the safekeeping,
treatment, training, employment or rehabilitation of such person.
The Board shall issue its warrant for such transfer to the Warden
of the institution in which the said person is then confined, or to
the Custodial Officer having him, or her, in custody, and such war-
rant shall be authority for the said transfer. The Chief of the
Diagnostic Clinic [shall] may SHALL [accept for study] cause an A
examination STUDY to be made of any such person so transferred
into the institution, and the Clinic shall thereupon make such diag-
nosis of the condition of such person as to it shall seem necessary.

(2)  If the Clinic on the basis of such [study] examination STUDY
shall determine for any reason that the said person is not a proper
person to be given custody or treatment in the institution, it shall
return the said person to the penal institution in which he, or she,
was last confined, or to the Custodial Officer haying him, or her, in
custody, and the Warden or other Custodial Officer shall accept the
said person under the terms and conditions by which he, or she, was
originally committed or transferred thereto. Provided, however, that
the said person shall be returned to the penal institution or to the
Custodial Officer 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 allow-
ances (or disallowances) relating to good behavior and/or work per-
formed as the Board of Correction may determine under the pro-
visions of Section 776 of Article 27 of the Code (1951 Edition as
amended from time to time).

(3) If on the basis of such an examination the Clinic shall determine

that said person is in its opinion a defective delinquent, it shall

promptly file a report with the Court by which said person was sen-

tenced setting forth the basis on which such determination was made

and thereupon the court shall enter an order to show cause, within

a time stated in said order, why said person should not be determined

to be a defective delinquent, a copy of which report and order shall

be served on said person on or before a date stated in said order;

upon cause being shown, a hearing thereon shall be held pursuant