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Session Laws, 1961
Volume 654, Page 1022   View pdf image (33K)
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1022                             Laws of Maryland                       [Ch. 629

be ordered or made if the said person has been released from confine-
ment for the particular crime or offense of which he was convicted.

(d)  The request for such an examination shall be by petition filed
with the court having custody of or jurisdiction over the said person,
stating therein the reasons for suspecting or supposing the presence
of defective delinquency in the said person. The court in ordering
such examination [by the institution for defective delinquents] shall
do so by formal written order directed to [the Department of Cor-
rection and to the institution for defective delinquents] Patuxent
Institution. When the person to be examined is in the custody of the
Department of Correction, such order shall also be directed to the
Department of Correction, except in cases in which the Department
of Correction has itself requested examination.

(e)  The court which last sentenced the defendant, whether or not
the term of court in which he was sentenced has expired, shall retain
jurisdiction of the defendant for the purpose of any of the pro-
cedures specified in Sections 6, 7, 8 or 9 hereof [.] , except that the
Criminal Court of Baltimore City shall for such purpose have juris-
diction of a person last sentenced by the Municipal Court of Balti-
more City.

7.

(a)  Any such examination shall be made by at least three persons
on behalf of the institution for defective delinquents, one of whom
shall be a medical physician, one a psychiatrist, and one a psychol-
ogist. They shall assemble all pertinent information about the person
to be examined, before proceeding therewith, including a complete
statement of the crime for which he has been sentenced, the cir-
cumstances of such crime, the court in which he was sentenced, the
nature of the sentence, copies of any probation or other reports
which may have been made about him, and reports as to his social,
physical, mental and psychiatric condition and history. On the basis
of all the assembled information, plus their own personal examination
and study of the said person, they shall determine whether in their
opinion, or in the opinion of a majority of them, the said person is
or is not a defective delinquent. They shall state their findings in a
written report addressed to the court. If the substance of the report
is that the said person is not a defective delinquent, he shall be
retained in the custody of the Department of Correction under his
original sentence as if he had not been examined for possible de-
fective delinquency. Provided, however, that the said person shall
be returned to the custody of the Department of Correction with
full credit for such time as he has already spent in the institution for
defective delinquents or [elsewhere] within the custody of the De-
partment of Correction including such allowances (or disallowances)
relating to good behavior and/or work performed as the Board of
Correction may determine under the provisions of Section 688 of
Article 27 of the Code.

(b)   In addition to the examination provided in the foregoing sub-
paragraph (a), whenever a request has been made to examine any
person for defective delinquency, [by the State's attorney or assistant
State's attorney, or by] other than a request made by such person
himself or by his attorney on his behalf, and whenever
the court has
on its own initiative ordered examination of any person, then such
person shall be entitled, upon request, to be examined by a practi-

 

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Session Laws, 1961
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