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Session Laws, 1980
Volume 739, Page 3257   View pdf image
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HARRY HUGHES, Governor

3257

(J) If, after reviewing [such] THE report the court is
not satisfied that there are reasonable grounds to believe
[such person] THE INDIVIDUAL is a drug addict OR DRUG
ABUSER, it shall dismiss the petition and discharge [such
person] THE INDIVIDUAL.

(K) (l) if after reviewing [such] THE report, the
court is satisfied that there are reasonable grounds to
believe [such person] THE INDIVIDUAL is a drug addict OR
DRUG ABUSER, it shall proceed as hereinafter provided.

[(d) (1)] (2) The court shall promptly advise the
alleged drug addict OR DRUG ABUSER that the petition and the
report of the medical examination set forth reasonable
grounds to believe that he is a drug addict OR DRUG ABUSER,
shall give him a copy of the report, and SHALL explain that
if he is found to be a drug addict OR DRUG ABUSER he shall
be certified to the care and custody of the [Authority]
ADMINISTRATION pursuant to subsection [(e)] (N) of this
section. The court shall then advise the alleged drug
addict OR DRUG ABUSER that he has a right to a hearing
before the court or a jury trial as provided in this
section. If the alleged drug addict OR DRUG ABUSER appears
without counsel, the court shall advise him of his right to
counsel and proceed [in regard thereto] as provided in
subsection [(b)(5)] (F) of this section.

[(d) (2)] (L) (1) When no application is made for a
hearing before the court or a jury trial by or on behalf of
the alleged drug addict OR DRUG ABUSER, the court shall, if
satisfied that such person is a drug addict OR DRUG ABUSER,

immediately issue an order certifying [such person] THE
INDIVIDUAL to the care and custody of the [Authority]
ADMINISTRATION pursuant to subsection [(e)] (N) of this
section.

[(d) (3)] (2) Upon demand of [such] AN alleged drug
addict OR DRUG ABUSER or anyone on his behalf[, the court
shall,] or [it may] upon its own motion, THE COURT SHALL
issue an order directing the hearing of [such] THE
application before the court, or if requested before a jury
at a time and place specified in [such] THE order. [Such]
THE order shall be served upon the parties interested in THE
application and upon such other person as the court, in its

discretion, may name. If the alleged DRUG addict OR DRUG
ABUSER or anyone on his behalf elects a hearing before the
court, he shall not in addition be entitled to a jury trial.
At the time and place mentioned in [such] THE order or at
[such] ANY other time or place as the court may designate,
the court or jury shall proceed to hear the testimony
introduced for and against [such] THE application, and the
alleged drug addict OR DRUG ABUSER may be examined, if
deemed advisable. The court may issue subpoenas for
attendance of witnesses at the hearing or trial and the
alleged drug addict OR DRUG ABUSER shall have the right to
have subpoenas issued for such purpose. At the hearing or

 

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Session Laws, 1980
Volume 739, Page 3257   View pdf image
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