Theodore R. McKeldin, Governor                    935

to the applicable provisions of Section 8 of this Article and after

such hearing the court shall order said person returned to custody or

commitment or returned to the institution for commitment as a
defective delinquent as provided in Section 9 of this Article.

IF ON THE BASIS OF SUCH STUDY THE CLINIC SHALL
DETERMINE THAT SAID PERSON IS IN ITS OPINION A DE-
FECTIVE DELINQUENT IT SHALL PROMPTLY FILE A RE-
PORT WITH THE COURT BY WHICH SAID PERSON WAS
SENTENCED SETTING FORTH THE BASIS ON WHICH SUCH
DETERMINATION WAS MADE. AT THE TIME OF FORWARD-
ING SAID REPORT TO THE COURT A COPY THEREOF SHALL
BE SERVED ON SAID PERSON BY THE DIRECTOR, OR HIS
DEPUTY, IN CHARGE OF THE CUSTODIAL DUTIES OF THE
INSTITUTION. UNLESS SAID PERSON OR SOMEONE ON HIS
BEHALF WITHIN SIXTY DAYS OF THE DATE ON WHICH
SAID REPORT WAS SERVED ON SAID PERSON, SHALL FILE
WITH SAID COURT A REQUEST FOR A HEARING PURSUANT
TO THE APPLICABLE PROVISIONS OF SECTION 8 OF THIS
ARTICLE, SAID COURT SHALL PASS AN ORDER CONFIRM-
ING THE FINDING OF THE CLINIC THAT SAID PERSON
IS A DEFECTIVE DELINQUENT AND ORDER HIM TO BE
COMMITTED OR RETURNED TO THE INSTITUTION AS PRO-
VIDED IN SECTION 9 (B) OF THIS ARTICLE. IF, HOWEVER,
SUCH REQUEST FOR A HEARING IS FILED WITH THE
COURT WITHIN THE PERIOD MENTIONED THEN A HEAR-
ING SHALL BE HELD AT WHICH THE BURDEN OF PROOF
SHALL BE UPON THE CLINIC TO ESTABLISH BY PREPON-
DERANCE OF THE EVIDENCE THAT SAID PERSON IS A
DEFECTIVE DELINQUENT. AFTER SUCH HEARING SAID
COURT SHALL ORDER SAID PERSON RETURNED TO THE
CUSTODY OF THE INSTITUTION TO WHICH ORIGINALLY
SENTENCED OR RETURNED TO PATUXENT INSTITUTION
FOR COMMITMENT AS A DEFECTIVE DELINQUENT AS PRO-
VIDED IN SECTION 9 OF THIS ARTICLE.

5. (Defined.) For the purposes of this Article, a defective delin-
quent shall be defined as an individual who, by the demonstration of
persistent aggravated anti-social or criminal behavior, evidences a
propensity toward criminal activity, and who is found to have either
such intellectual deficiency or emotional unbalance, or both, as to
clearly demonstrate an actual danger to society so as to require such
confinement and treatment, when appropriate, [under an indetermi-
nate sentence, subject to being released only if the intellectual de-
ficiency and/or the emotional unbalance is so relieved] as [to] may
make it reasonably safe for society to terminate the confinement
and treatment.

6.

(b) The request for such examination may be made by the State's
Attorney or Assistant State's Attorney who prosecuted the person
for a crime or offense specified hereinabove in this section, [or by
the Chairman of the Board of Correction,] on any knowledge or
suspicion of the presence of defective delinquency, in the defendant
in such case. The defendant himself, or his attorney in his behalf,
may make such a request of the Court. Whenever a request for