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Session Laws, 1970
Volume 695, Page 430   View pdf image
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430                              Laws of Maryland                        Ch. 158

CHAPTER 158
(House Bill 299)

AN ACT to repeal and re-enact, with amendments, Sections 9(b) (5),
9(b)(6), 9(b)(7), and 9(d)(4) of Article 43B of the Annotated
Code of Maryland (1969 Supplement), title "Comprehensive Drug
Abuse Control and Rehabilitation Act," amending the comprehen-
sive drug abuse control and rehabilitation laws of this State in
order to make certain corrections in the language and references
thereof.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 9(b)(5), 9(b)(6), 9(b)(7), and 9(d)(4) of Article
43B of the Annotated Code of Maryland (1969 Supplement), title
"Comprehensive Drug Abuse Control and Rehabilitation Act," be
and the same are hereby repealed and re-enacted, with amendments,
to read as follows:

9.

(b) (5) Upon the appearance of the alleged drug addict the court
shall provide such alleged addict with a copy of any paper not yet
served upon him and shall explain that, if the court finds reasonable
grounds to believe that such person is a drug addict, it shall order
him to undergo a medical examination at a facility designated by
the Authority. The court shall then advise the alleged drug addict
that if such medical examination is ordered he shall appear before
the court after such examination as provided in subparagraph (iii)
of subsection (b) (6) of this [subsection] section, and, if the petition
and the report of medical examination set forth reasonable grounds
to believe that he is a drug addict, he may thereafter be certified to
the care and custody of the commission pursuant to subsection (e)
of this section, and that he shall have a right to a hearing prior to
such certification. If the alleged drug addict appears without coun-
sel, the court shall advise him that he has the right to the aid of
counsel at every stage of the proceedings and that if he desires the
aid of counsel and is financially unable to obtain counsel, then coun-
sel shall be assigned. The court shall allow the alleged drug addict
a reasonable time to send for counsel and shall adjourn the pro-
ceedings for that purpose. The court shall inform the alleged addict,
if he is being held in custody, that he is entitled to communicate free
of charge by letter or telephone, in order to obtain counsel and in
order to inform a relative or friend of the proceeding. If the
alleged drug addict does not desire the aid of counsel, the court must
determine that he waived counsel having knowledge of the signifi-
cance of his act. If the court is not satisfied that the alleged drug
addict knows the significance of his act in waiving counsel, the
court shall assign counsel.

9.

(b) (6) If after such appearance of the alleged addict, (i) the
court is satisfied that there are reasonable grounds to believe that
such person is a drug addict it shall issue an order directing such
person to appear on a specified date and place for a medical
examination in accordance with subsection (c) of this section. A

 

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Session Laws, 1970
Volume 695, Page 430   View pdf image
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