1020                             Laws of Maryland                       [Ch. 629

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 de-
fective 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 688 of Ar-
ticle 27 of the Code.

If on the basis of such study the clinic shall determine that said per-
son is in its opinion a defective delinquent it shall promptly file a
report with the court by which said person was sentenced setting
forth the basis on which such determination was made. At the time
of forwarding said report to the court a copy thereof shall be served
on said person by the director, or his deputy, in charge of the cus-
todial 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 pur-
suant to the applicable provisions of Section 8 of this article, said
court shall pass an order confirming the finding of the clinic that
said person is a defective delinquent and order him to be committed
or returned to the Institution as provided 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 hearing shall be held at which the
burden of proof shall be upon the clinic to establish by preponder-
ance of the evidence that said person is a defective delinquent. After .
such hearing said court shall order said person returned to the cus-
tody of the Institution to which originally sentenced or returned to
Patuxent Institution for commitment as a defective delinquent as
provided in Section 9 of this article.]

[(d)] (a) The Advisory Board for Defective Delinquents is hereby
established. It shall consist of the professor of psychiatry in the
Medical School of the University of Maryland, or someone designated
by him; the professor of psychiatry at the Johns Hopkins Medical
School, or someone designated by him; two competent sociologists
from the University of Maryland and the Johns Hopkins University,
one each to be appointed by the respective presidents of these two
institutions; the full-time professor of constitutional law at the Uni-
versity of Maryland School of Law, or if there be no such full-time
professor, or if he is unable to serve, such other full-time professor
of the University of Maryland School of Law as may be designated
by the dean of said school; the Director of Parole and Probation; and
two practicing members of the Maryland bar, with at least five years'
experience in the trial of civil and/or criminal cases, appointed by
the Governor to serve for a five-year term each. The ADVISORY
Board shall organize by electing a chairman, and shall meet on the
call of the chairman at least once in every three months. One of the
members of the said Board shall serve as secretary upon designation
by the chairman and shall keep full and accurate minutes of such
meetings and preserve the same. The members of the ADVISORY
Board shall receive a per diem payment for every day spent in the
duties of the Board. The ADVISORY Board shall confer with the
staff of the Institution, and with the Board of [Correction] Patuxent
Institution from time to time, and shall give to the Institution a
general consultative and advisory service' on problems and matters
relating to its work. [The Advisory Board shall have the power to