J. MILLARD TAWES, GOVERNOR                           1023

tioner of psychiatry of his own choice for the purpose of determining
whether he is a defective delinquent within the terms of this article;
and the reasonable costs of such examination shall be defrayed by
the State of Maryland from the appropriations to the judiciary, in
such amount as may be approved by the court. The report of examina-
tion made by such psychiatrist shall be submitted in writing ad-
dressed to the court.

8.

(a)  If the institution for defective delinquents in its report on any
individual shall state that he is a defective delinquent, the court shall
summon the individual before it for hearing, and may in its dis-
cretion summon other witnesses and secure further evidence. Upon
the application of the State, or of the defendant for a jury trial,
or upon its own motion, the court shall empanel a jury of twelve
persons to be selected by the court from the jurors then in attendance
upon said court; or if the court is in recess, the jurors shall be
selected from those in attendance at the term of court at which said
petition is heard. The court shall direct such jury after hearing to
find specially, by its verdict, whether the defendant is a defective
delinquent as defined in Section 5. In the absence of request for
finding by a jury, the court may make such determination sitting
as judge and jury. The defendant when summoned for hearing shall
be given a copy of the report of the institution; he shall be repre-
sented by counsel of his own choice, or if he makes no choice, by
competent counsel appointed by the court, and shall be given full
opportunity to summon witnesses to and present evidence at the said
hearing. Counsel appointed herein by the court may also represent
the defendant in prosecuting an application for leave to appeal and
in appealing as provided in Section 11 of this article.

(b)   Counsel shall be chosen by the defendant or appointed by the
court within twenty days of the service of the summons and report
upon the defendant; the hearing shall be set so as to allow counsel
not less than thirty days from the date of his appointment in order
to prepare his case, unless he himself shall request an earlier hearing,
which then may be granted in the discretion of the court.

(c)   Counsel for the defendant, and for the State, shall have access
to all records, reports, and papers of the institution relating to the
defendant, and to all papers in the possession of the court bearing
upon the defendant's case.

9.

(a) If the court or the jury, as the case may be, shall find and
determine that the said defendant is not a defective delinquent, the
court shall order him returned to the custody of the Department of
Correction, and he shall begin or resume his period of confinement
on said conviction as if he had not been examined for possible de-
fective delinquency. Provided, however, that the said defendant shall
be returned to custody under his original sentence 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 allowances (or disallowances) relating to
good behavior and/or work performed as the Board of Correction
may determine tinder the provisions of Section 688 of Article 27
of the Code.