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Session Laws, 1961
Volume 654, Page 1025   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                           1025

any variation of the regulations issued under said section as the
Board of Correction shall consider appropriate in the particular case.

(b)  After the right to apply for any such petition for review under
the provisions of this section shall have been exercised once, it shall
not again be sought under the provisions of this section within less
than three years following the prior seeking of a petition for review
from confinement under the same commitment.

(c)  The right to review specified in this section shall not be con-
strued to deprive the defendant of his right to petition for habeas
corpus as it might otherwise exist.

11.    From any court order issued under the provisions of Section 9,
or of Section 10, within thirty (30) days after the passage of the
order, application may be made to the Court of Appeals for leave
to appeal from the order. The application for leave to appeal shall be
in such form as the Court of Appeals may, by its rules, prescribe. If
the Attorney General or the State's attorney shall state an intention
to file an application for leave to appeal, the order may be stayed. If
the application for leave to appeal is granted, the procedure for
appeal shall conform with the rules of the Court of Appeals. On
appeal, the Court may affirm, reverse or modify the order appealed,
or it may remand the case for further proceedings. If the application
for leave to appeal is denied, the order sought to be reviewed shall
become final to the same extent and with the same effect as if the
order had been affirmed on appeal.

11 A. Whenever a defendant desires to file an application for leave
to appeal in order to appeal as provided in Section 11, and is unable
by reason of poverty to pay the cost of the application and of appeal,
he may file, with the court making the order from which appeal is
sought, a petition under oath alleging the fact of his poverty and his
inability to defray the expense of making application and of appeal-
ing. The court upon being satisfied of the defendant's poverty shall
sign an order directing that all costs, including but not limited to,
all court costs, the cost of preparing the transcript of testimony, the
cost of preparing and transmitting the record, and the cost of the
briefs, appendices and printed record extract necessary in connection
with the appeal shall be paid by the political subdivision from which
the appeal is taken and that the record shall be transmitted to the
Court of Appeals at the expense of the political subdivision. A copy
of the order shall be included in the record transmitted to the Court
of Appeals and the payment of all filing fees to the Clerk of the
Court of Appeals in connection with the appeal are waived. If counsel
prosecuting the appeal on behalf of the defendant has been appointed
as such counsel by the court making the order appealed from or by
the Court of Appeals, the Court of Appeals may allow him a fee in
an amount which the Court shall think proper for his services in the
appeal, the fee to be paid by the political subdivision.

12.    [The chief of the diagnostic clinic shall appoint from among
the officers, employees and consultants employed by it an institutional
board of review. Said board shall be so appointed as to give repre-
sentation to the psychiatrists, psychologists, sociologists, physicians
and custodial officers of the institution, or a majority of them. The
number of persons on the said board may be set from time to time
by the chief, so as to provide a board to operate in an efficient and

 

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Session Laws, 1961
Volume 654, Page 1025   View pdf image (33K)
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