3258

LAWS OF MARYLAND

Ch. 883

trial the alleged drug addict OR DRUG ABUSER shall have the
right to be represented by counsel, to present witnesses on
his behalf, and to cross-examine witnesses. For the
purposes of this [section] SUBSECTION, in a proceeding in
which [the] AN alleged DRUG addict's spouse is the
petitioner, [no] A communication made by the alleged DRUG
addict to [such] THE spouse [shall be deemed] IS NOT
confidential within the provision of statute or other law
relating to confidential communications between husband and
wife. If, from the facts ascertained upon the hearing, the
proofs produced, the petition, and the report of the medical
examination, the jury, or, if there be no jury, the court
[shall determine] DETERMINES by a preponderance of the
evidence that [such person] THE INDIVIDUAL is a drug addict
OR DRUG ABUSER, the court shall immediately issue an order
certifying [such person] THE INDIVIDUAL to the care and
custody of the [Authority] ADMINISTRATION for the period
provided in subsection [(e)] (N) of this section.

[(d) (4)] (M) If an alleged drug addict [under this
section be] OR DRUG ABUSER IS under the age of eighteen
years and unmarried and a dependent or in the legal custody
of his parent, legal guardian or next of kin, the court
shall serve on such parent, legal guardian, or next of kin,
copies of all orders served on the alleged DRUG addict OR
DRUG ABUSER, and the court may require the presence of such
parent, legal guardian, or next of kin at any stage of the
judicial proceedings under this section.

[(e)] (N) (1) The duration of commitment to the
[Authority] ADMINISTRATION shall consist of the total of all
periods of inpatient and outpatient care, and shall be an
unspecified period which shall commence and terminate as
provided in PARAGRAPH (2) OF THIS subsection [(e)(2) of this
section]. The court shall not fix the minimum or maximum
length of the period.

[(e)] (2) The period shall commence on the date the
order of certification is made and shall terminate upon the
first to occur of (i) the discharge of [such] THE drug
addict OR DRUG ABUSER by the [Authority] ADMINISTRATION as
rehabilitated, or (ii) the expiration of a period of [seven]
5 years from the date [such] THE period commenced. However,
the period of the initial inpatient care received by [an] A
DRUG addict OR DRUG ABUSER immediately following an order of
commitment under this section may not exceed two years. If
on the first anniversary of the order of commitment the DRUG
addict OR DRUG ABUSER is still receiving initial inpatient
care, the [Authority] ADMINISTRATION must apply for and
receive an order from the committing court approving further
inpatient care.

[(e) (3)] (O) Whenever the [Authority shall conclude]
ADMINISTRATION DETERMINES that a person committed pursuant
to this section is not a fit subject for rehabilitation, the
[Authority] ADMINISTRATION shall return [such] THE person to
the committing court [for an order terminating the
commitment].