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Session Laws, 1969
Volume 692, Page 894   View pdf image
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894                               LAWS OF MARYLAND                       [CH. 404

port the court is not satisfied that there are reasonable grounds to
believe such person is a drug addict, it shall dismiss the petition and
discharge such person. If after reviewing such report the court is
satisfied that there are reasonable grounds to believe such person is
a drug addict, it shall proceed as hereinafter provided.

(d)(1) The court shall promptly advise the alleged drug addict
that the petition and the report of the medical examination set forth
reasonable grounds to believe that he is a drug addict, shall give
him a copy of the report, and explain that if he is found to be a
drug addict he shall be certified to the care and custody of the Au-
thority pursuant to subsection (e) of this section. The court shall
then advise the alleged drug addict that he has a right to a hearing
before the court or a jury trial as provided in this section. If the
alleged drug addict appears without counsel, the court shall advise
him of his right to counsel and proceed in regard thereto as pro-
vided in subsection (b 5)
(B) (5) of this section.

(d)(2) When no application is made for a hearing before the
court or a jury trial by or on behalf of the alleged drug addict, the
court shall, if satisfied that such person is a drug addict, immedi-
ately issue an order certifying such person to the care and custody
of the Authority pursuant to subsection (e) of this section.

(d)(3) Upon demand of such alleged drug addict or anyone on
his behalf, the court shall, or it may upon its own motion, issue an
order directing the hearing of such application before the court, or
if requested before a jury at a time and place specified in such order.
Such order shall be served upon the parties interested in application
and upon such other person as the court, in its discretion, may name.
If the alleged addict or anyone on his behalf elects a hearing be-
fore the court, he shall not in addition be entitled to a jury trial.
At the time and place mentioned in such order or at such other time
or place as the court may designate, the court or jury shall proceed
to hear the testimony introduced for and against such application,
and the alleged drug addict may be examined, if deemed advisable.
The court may issue subpoenas for attendance of witnesses at the
hearing or trial and the alleged drug addict shall have the right to
have subpoenas issued for such purpose. At the hearing or trial the
alleged drug addict shall have the right to be represented by counsel,
to present witnesses on his behalf, and to cross-examine witnesses.
For the purposes of this section, in a proceeding in which the alleged
addict's spouse is the petitioner, no communication made by the al-
leged addict to such spouse shall be deemed confidential within the
provision of statute or other law relating to confidential communica-
tions between husband and wife. If, from the facts ascertained upon
the hearing, t