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Session Laws, 1969
Volume 692, Page 896   View pdf image
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896                               LAWS OF MARYLAND                       [CH. 404

State's Attorney to file a petition in the cCircuit cCourt for that judi-
cial district instituting a civil proceeding for the commitment of the
defendant to the care and custody of the Authority.
HOWEVER, NO
PERSON MAY BE ELIGIBLE FOR COMMITMENT UNDER
THIS SECTION IF HE IS PRESENTLY SERVING A SENTENCE
IN A CORRECTIONAL INSTITUTION, IS AWAITING SENTENC-
ING ON ANOTHER CONVICTION A CONVICTION OF A
CRIME PUNISHABLE BY MORE THAN TEN YEARS IM-
PRISONMENT OR DEATH, EXCEPT LARCENY, OR HAS
OTHER CRIMINAL CHARGES PENDING AGAINST HIM.

(b) In any commitment proceeding pursuant to this section, the
provisions of subsection (b)(1) through subsection (e)(1), subsec-
tion (f), and subsection (g) of Section 9, and Section 10, and Section
10
11 shall apply; provided, however, that any provision enumerated
above which is inconsistent with any provision of this section shall
not apply.

(c) No person may be eligible for commitment under this sec-

tion if he is presently serving a sentence in a correctional institu-
tion on another conviction, is awaiting sentencing on a
conviction

of a crime punishable by more than ten years imprisonment or

death, except larceny, or has other criminal charges pending against

him.

(d) (C) Upon a determination that such person is a drug addict,
the committing court shall certify such person to the care and custody
of the Authority for a period commencing on the date the order of
certification is made and terminating upon the first to occur of (i)
the discharge of such drug addict by the Authority as rehabilitated,
or (ii) the expiration of a period of ten years from the date such
period commenced. However, the period of the initial in-patient
care received by such addict immediately following an order of com-
mitment under this section may not exceed three years. If on the
second anniversary of the order of commitment such addict is still
receiving initial in-patient care, the Authority shall advise the com-
mitting court whether in-patient care should be continued. The
court may then affirm the commitment or terminate it and refer the
addict to the court of his criminal conviction for the resumption of
the pending criminal proceedings.

(e) (D) Every drug addict certified to the Authority pursuant
to this section shall receive initial in-patient care
HOSPITALIZA-
TION FOLLOWING AN ORDER OF COMMITMENT at the Center
exclusively. If after sixty days following receipt at the Center of an
addict committed pursuant to this section, the Authority concludes
that the addict, because of excessive criminality or for other relevant
reason, is not a fit subject for confinement or treatment in the Cente