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Session Laws, 1963
Volume 671, Page 481   View pdf image (33K)
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J. MILLARD TAWES, Governor                      483

the length of time that persons for whom examination has been
requested under said Article may be retained in the custody of
Patuxent Institution prior to hearing, providing the time within
which report of examination shall be made to the court in such
cases, revising the procedure for the conduct of preliminary hear-
ings and hearings for determination of defective delinquency and
the appointment and rights of counsel therein, and relating gener-
ally to the defective delinquent laws of this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 6(d), 6(e), 7(a) and 8 of Article 31B of the Annotated
Code of Maryland (1962 Supplement), title "Defective Delinquents",
be and they are hereby repealed and re-enacted, with amendments,
to read as follows:

6(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 shall do so by formal written order di-
rected to 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 examina-
tion.] which shall forthwith cause the transfer of the person to the
custody of Patuxent Institution.

6(e) After the Court has ordered an examination to be made under
this Section, said person shall be retained in custody, initially of the
Department of Correction until his transfer to Patuxent Institution
and thereafter in the custody of Patuxent Institution, until such
time as the procedures of this sub-title for the determination of
whether or not said person is a defective delinquent have been com-
pleted, without regard to whether or not the criminal sentence to
which he was last sentenced has expired.
The court which last sen-
tenced 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 procedures specified in Sections 6, 7,
8 or 9 hereof, except that the Criminal Court of Baltimore City shall
for such purpose have jurisdiction of a person last sentenced by the
Municipal Court of Baltimore 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 circum-
stances 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 examina-
tion 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 [.] , no later than six months
from the date said person was received in the Institution for ex-


 

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Session Laws, 1963
Volume 671, Page 481   View pdf image (33K)
 Jump to  
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