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Session Laws, 1969
Volume 692, Page 897   View pdf image
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MARVIN MANDEL, Governor                          897

return such addict to the committing court for ultimate resumption
of the pending criminal proceedings. In the above situation and in
any instance when the Authority returns an addict to the committing
court for ultimate resumption of pending criminal proceedings, such
addict shall receive full credit toward the service of any sentence
which may be imposed for any time spent in institutional custody
from the commencement of his commitment proceedings to the date
of the termination of the commitment.

(g) (F) Upon the determination that a defendant in a commit-
ment proceeding pursuant to this section is not a drug addict, the court
shall so certify and return the defendant to the court of the pending
criminal proceedings for such further proceedings as that judge
deems warranted.

13. Commitment to the Authority of Persons Serving Sentences in
Correctional Institutions.

Upon the approval of the State Parole Board, an inmate serving a
sentence in any penal or correctional institution within this State
who deems himself a drug addict may institute a proceeding for
commitment to the Authority by voluntarily filing a petition with
the circuit court for the judicial district where such penal or correc-
tional institution is situated. No such inmate serving a sentence for
a crime punishable by more than ten years imprisonment or death,
except larceny, or who has other criminal charges pending against
him, shall be eligible for commitment under this section. All condi-
tions and provisions contained in subsection (b) and subsection (d)
through subsection (g)
(F) of Section 12 shall apply to commitments
pursuant to this section; provided, however, that where reference is
made to "the court of criminal conviction" and "the resumption of
pending criminal proceedings," it shall be interpreted to mean for
purposes of this section "the penal or correctional institution in
which the inmate was serving a sentence" and "the resumption of
the unexpired sentence."

14. Conditional Out-Patient Release.

(a)    Any person who is certified by court order to the care and
custody of the Authority pursuant to this Article shall be condi-
tionally released from institutional custody and receive out-patient
care and services whenever the Authority determines that he has
made sufficient progress to warrant such release; provided, however,
that if the Authority is unable to make such determination after the
expiration of the period for initial in-patient care as provided for
in this Article, the Authority shall return such person to the com-
mitting court for further action pursuant to this Article.

(b)    Whenever any patient is to be conditionally released by the
Authority, the Authority shall give written notice to the commit-
ting court within ten days of the pending release.

(c)    Any person who is conditionally released as an out-patien