898                               LAWS OF MARYLAND                       [CH. 404

for out-patients; provided, however, that the Department of Parole
and Probation shall be designated by the Authority to supervise such
programs of any out-patient who was certified to the Authority pur-
suant to Section 12 and Section 13 of this Article.

(d) Upon the determination that any person conditionally re-
leased has violated any conditions of his release, the Authority may
certify that such out-patient is not a fit subject for rehabilitation
and order the return of such out-patient to the committing court for
further action pursuant to this Article, or upon the determination
of a violation of conditional release, the Authority may order the re-
turn of such out-patient to institutional care. In either of the
above circumstances, the Authority, by its officers or agents, or any
police or peace officer, is hereby authorized to return to its physical
custody any out-patient who has violated the terms of his condi-
tional release. The period of return to institutional care may not
exceed one year, after which the Authority may conditionally re-
lease the person pursuant to the provisions of this section or return
him to the committing court for further action pursuant to this
Article. Whenever a person conditionally released is returned to in-
stitutional care, the Authority must give written notice to the com-
mitting court within five days of such return.

15.    Discharge of Addict as Rehabilitated.

(a)    If at any time the Authority is of the opinion that a person
committed to its care and custody pursuant to this Article has ab-
stained from the use of addicting drugs for at least three consecutive
years while an out-patient and has otherwise complied with the con-
ditions of his release, the Authority shall discharge such person
as rehabilitated.

(b)    Whenever any out-patient is to be discharged as rehabili-
tated, the Authority shall file a certificate of discharge with the
committing court, at least ten days before the effective date of such
discharge.

(c)    Any person certified to the Authority pursuant to Section 12
or Section 13 of this Article who is discharged by the Authority as
rehabilitated shall be returned to the committing court by the effec-
tive date of discharge. Upon such person's return, the committing
court shall order the termination of the pending criminal proceed-
ings without imposition of sentence if a commitment under Section
12, or the unconditional suspension of the unexpired sentence if a
commitment under Section 13.

(d)    Whenever any person certified to the Authority pursuant to
Section 9 of this Article has not been discharged as rehabilitated by
the Authority at the expiration of the maximum seven year period,
the Authority shall file a certificate of non-rehabilitation with the
committing court.

16.    Available Space Required for Commitme