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Session Laws, 1980
Volume 739, Page 3255   View pdf image
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HARRY HUGHES, Governor

3255

[(b) (4)] (2) If [the] AN alleged drug addict does not
comply with such order, the court shall issue a warrant and
shall direct any peace officer or police officer in the
State commanding such officer (i) to take the alleged drug
addict into custody, and (ii) to bring such alleged drug
addict promptly before the court for a determination whether
there are reasonable grounds to order him to undergo a
medical examination at a facility designated by the
[Authority] ADMINISTRATION. The alleged drug addict shall
not be subjected to any more restraint than is necessary for
the purposes specified in the warrant. Such peace officer or
police officer shall exhibit the warrant to the alleged drug
addict, and inform him of the purpose for which he is being
taken into custody. If the court is not then in session,
the alleged drug addict may be held for a reasonable time at
a facility designated by the [Authority] ADMINISTRATION or
at any other detention facility until such time as the court
is in session. In such case, the director or head of the
facility or his duly appointed representative shall advise
the alleged DRUG addict of the nature of the proceeding, the
reason for his detention and that he will appear before a
judge at the next court session in connection with the
allegation that he is a drug addict. Such person shall also
inform the alleged DRUG addict 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, counsel shall be assigned by the court,
and that he is entitled to communicate free of charge, by
telephone or letter, in order to obtain counsel and in order
to inform a relative or friend of the proceeding.

[(b) (5)] (F) Upon the appearance of [the] AN alleged
drug addict OR DRUG ABUSER, the court shall provide [such
alleged addict] THE INDIVIDUAL 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] THE
INDIVIDUAL is a drug addict OR DRUG ABUSER, it shall order
him to undergo a medical examination at a facility
designated by the [Authority] ADMINISTRATION. The court
shall then advise the alleged drug addict OR DRUG ABUSER
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)] (G)(3) of this
section, and, if the petition and the report of medical
examination set forth reasonable grounds to believe that he
is a drug addict OR DRUG ABUSER, he may thereafter be
certified to the care and custody of the [Authority]
ADMINISTRATION pursuant to subsection [(e)] (N) of this
section, and that he shall have a right to a hearing prior
to such certification. If the alleged drug addict OR DRUG
ABUSER appears without counsel, 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 counsel
shall be assigned. The court shall allow the alleged drug
addict OR DRUG ABUSER a reasonable time to send for counsel
and shall adjourn the proceedings for that purpose. The

 

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Session Laws, 1980
Volume 739, Page 3255   View pdf image
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