J. MILLARD TAWES, GOVERNOR                           1021

prefer charges and recommend to the Governor the removal of the
Director.]

[(e)] (b) No surgical operation shall be performed as treatment
of any defective delinquent except as authorized by the approval of
the Advisory Board and also by the written consent of the defective
delinquent, his nearest relative, or the order of the court.

5.

For the purposes of this article, a defective delinquent 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 con-
finement and treatment, when appropriate, as may make it reasonably
safe for society to terminate the confinement and treatment.

6.

(a)  A request may be made that a person be examined for possible
defective delinquency if he has been convicted and sentenced in a
court of this State for a crime or offense committed on or after
June 1, 1954, coming under one or more of the following categories:
(1) a felony; (2) a misdemeanor punishable by imprisonment in the
penitentiary; (3) a crime of violence; (4) a sex crime involving:
(A) physical force or violence, (B) disparity of age between an
adult and a minor, or (C) a sexual act of an uncontrolled and/or
repetitive nature; (5) two or more convictions for any offenses or
crimes punishable by imprisonment, in a criminal court of this State.
A person convicted and sentenced for a crime or offense within one
of the categories listed above in this sub-section 6(a), except that
such crime or offense was committed before June 1, 1954, shall be
subject to this article with the same effect as if said crime or offense
had been committed after June 1, 1954, if after said date such person
is adjudged to have broken the terms of any parole or probation on
which he has been released from said sentence.

(b)  The request for such examination may be made by the De-
partment of Correction (acting through the Superintendent of
Prisons if it sees fit to do so) or 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] on any knowledge or sus-
picion of the presence of defective delinquency in [the defendant
in such case] such person. [The defendant] Such person himself, or
his attorney in his behalf, may make such a request of the court.
Whenever a request for examination comes from any such source the
court may order such person to be examined by the institution for
defective delinquents to ascertain if he or she is a defective delin-
quent. The court also may make such an order on its own initiative.
A copy of any order for examination shall be served upon the person
to be examined.

(c)   Such an examination may be requested and made at any time
after the person has been convicted and sentenced for a crime or
offense specified hereinabove in this section, provided that the said
person has been sentenced to a period of confinement in a penal insti-
tution or is then serving such a sentence. No such examination shall