1024                             Laws of Maryland                       [Ch. 629

(b) If the court or the jury, as the case may be, shall find and
determine that the said defendant is a defective delinquent, the court
shall so inform the defendant, and shall order him to be committed
or returned to the institution for confinement as a defective delin-
quent, for an indeterminate period without either maximum or mini-
mum limits. In such event, the sentence for the original criminal
conviction, or any unexpired portion thereof, shall be and remain
suspended, and the defendant shall no longer be confined for any
portion of said original sentence, except as otherwise provided herein.
Instead, the defendant shall thenceforth remain in the custody of the
institution for defective delinquents, subject to the provisions of this
article.

10.

(a) After any person shall have been committed under Section
9 (b) as a defective delinquent, shall have been confined for two years
[as a defective delinquent under an indeterminate sentence in any
institution for defective delinquents, he] after such commitment,
and shall have been confined for a total period, including any period
of confinement under his original sentence prior to commitment under
Section 9(b), equal to two-thirds of his original sentence, such person,
or anyone in his behalf, including the director or any officer or
employee [thereof] of Patuxent Institution, may file a petition re-
questing that such person be brought before the court in which such
petition is filed for the purpose of having the defective delinquency
of such person re-determined. Such a petition may be filed in the law
courts of the county [,] or Baltimore City, as the case may be, either
where such person was originally sentenced [,] or which was the
bona fide residence of such person when originally sentenced. [the
petitioner at the time of such sentence, requesting that the person
so confined be brought before said court for the purpose of having
the defective delinquency of such person redetermined. Provided, how-
ever, that if the law court of the county or Baltimore City, as the
case may be, from which he was originally sentenced or in which
he was a bona fide resident at the time of such sentence are one and
the same, the petitioner shall have an absolute right to file his
petition in the law court of any other county or in Baltimore City.]
The court shall forthwith proceed to hear and determine the matter.
If the person so confined, or anyone in his behalf, shall pray a jury
trial, 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. Any
party in interest shall have the right to counsel and to process to
compel the attendance of witnesses. If the court or jury, as the case
may be, shall determine .that such person is a defective delinquent,
the court shall order said person recommitted to the institution from
which he immediately came; otherwise he shall be discharged from
such confinement and custody, or in the discretion of the court
committed under his original sentence, less such time as he has al-
ready served in the institution for defective delinquents or [else-
where] within the custody of the Board 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 which shall apply
to such person's period of commitment to Patuxent Institution with