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Session Laws, 1971
Volume 707, Page 1084   View pdf image
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1084                             Laws of Maryland                      [Ch. 491

time as the procedures of this subtitle for the determination of
whether or not said person is a defective delinquent have been com-
pleted. [, without regard to whether or not the criminal sentence to
which he was last sentenced has expired.] The court which last
sentenced the defendant, [whether or not the term of court in which
he was sentenced has expired] shall retain jurisdiction of the defend-
ant for the purpose of any of the procedures specified in Sections
6, 7, 8 or 9 hereof, except that the Criminal Court of Baltimore City
and the Circuit Court of Anne Arundel County shall for such pur-
poses have jurisdiction of a person last sentenced by the Municipal
Court of Baltimore City and the People's Court of Anne Arundel
County, respectively.

7.

(a) Any such examination shall be made by at least three persons
on behalf of the institution for defective delinquents, one of whom
shall be a medical physician, one a psychiatrist, and one a psycholo-
gist. They shall assemble all pertinent information about the per-
son to be examined, before proceeding therewith, including a complete
statement of the crime for which he has been sentenced, the circum-
stances of such crime, the court in which he was sentenced, the nature
of the sentence, copies of any probation or other reports which may
have been made about him, and reports as to his social, physical,
mental and psychiatric condition and history. On the basis of all
the assembled information, plus their own personal examination and
study of the said person, they shall determine whether in their
opinion, or in the opinion of a majority of them, the said person is
or is not a defective delinquent. They shall state their findings in a
written report addressed to the court, no later than six months
from the date said person was received in the Institution for examina-
tion, or three months, before expiration of his sentence, whichever
[last] first occurs. If the substance of the report is that the said
person is not a defective delinquent, he shall be retained in the
custody of the Department of Correction under his original sentence
as if he had not been examined for possible defective delinquency.
Provided, however, that the said person shall be returned to the
custody of the Department of Correction with full credit for such
time as he has already spent in the institution for defective delin-
quents or within the custody of the Department of Correction includ-
ing such allowances (or disallowances) relating to good behavior
and/or work performed as the Board of Correction may determine
under the provisions of Section 688 of Article 27 of the Code.

9.

(a) If the court or the jury, as the case may be, shall find and
determine prior to the expiration of the defendant's sentence that the
said defendant is not a defective delinquent, the court shall order him
returned to the custody of the Department of Correction, and he shall
begin or resume his period of confinement on said conviction as if he
had not been examined for possible defective delinquency. Provided,
however, that the said defendant shall be returned to custody under
his original sentence with full credit for such time as he has already
spent in the institution for defective delinquents or within the
custody of the Department of Correction including such allowances
(or disallowances) relating to good behavior and/or work performed

 

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Session Laws, 1971
Volume 707, Page 1084   View pdf image
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