484                                LAWS OF MARYLAND                        [CH. 283

amination, or before expiration of his sentence, whichever last oc-
curred. OCCURS. If the substance of the report is that the said per-
son 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 defective 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 within
the custody of the Department of Correction including such allow-
ances (or disallowances) relating to good behavior and/or work per-
formed as the Board of Correction may determine under the provi-
sions of Section 688 of Article 27 of the Code.

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
discretion 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 spe-
cially, 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 represented 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 de-
fendant in prosecuting an application for leave to appeal and in ap-
pealing 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.]

(a)   When required, preliminary hearings.—If the institution for
defective delinquents in its report on any person shall state that he
is a defective delinquent, the Court shall forthwith summon the
person before it and advise him of the substance of the report and of
the pendancy of the hearing hereinafter provided; the court shall
further advise him of his right to be represented at said hearing by
counsel of his choice, or if he has no choice, by competent counsel
appointed by the court.

(b)  Appointment and rights of counsel.—Unless appearance of
counsel chosen by the person is entered within twenty days following
the proceeding set forth in subsection (a) hereof, the Court shall