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Session Laws, 1980
Volume 739, Page 3259   View pdf image
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HARRY HUGHES, Governor

3259

[(f)] (P) Unless the alleged drug addict OR DRUG
ABUSER otherwise requests, all proceedings under this
section shall be private and shall be conducted in closed
sessions. The court shall order all papers made part of any
proceeding under this section to be filed in the appropriate
clerk's office of the Supreme Bench of Baltimore City or the
Circuit Court of the county, sealed, and exhibited only to
the parties to the proceedings, or someone properly
interested, upon further order of the court.

[(g)] (Q) The court may, in an appropriate case,
direct the detention of an alleged drug addict OR DRUG
ABUSER in any detention facility designated by the
[Authority] ADMINISTRATION pending proceedings pursuant to
this section.

10.

(a) The determination that [a person] AN INDIVIDUAL is
a drug addict OR DRUG ABUSER and the subsequent civil
commitment under § 9 shall not be deemed a criminal
conviction. No facts or results of any proceeding,
examination, test, or procedure to determine that [a person]
AN INDIVIDUAL is a drug addict OR DRUG ABUSER pursuant to a
civil commitment proceeding under this article shall be used
against [such person] THE INDIVIDUAL in any other
proceeding.

(b)  Whenever [a person shall seek] AN INDIVIDUAL SEEKS
counselling, treatment or therapy for any form of drug abuse
from a physician, psychologist, hospital, an educator
pursuant to the provisions of § 7-410 of the Education
Article, or a person, program or facility authorized by the
[Authority] ADMINISTRATION to counsel or treat any form of
drug abuse, [no statement, whether] ANY oral or written[,]
STATEMENT made by such person and [no] ANY observation or
conclusion derived from such counselling, treatment or
therapy made by such physician, psychologist, hospital,
person, program or facility [shall be] IS NOT admissible
against [such person] THE INDIVIDUAL in any proceeding.
The facts or results of any examination to determine the
existence of illegal or prohibited drugs in [a person's] THE
body [shall] OF THE INDIVIDUAL IS not [be] admissible in any
proceeding against [such person, provided that] THE
INDIVIDUAL, EXCEPT the facts or results of any [such]
examination ordered pursuant to a civil commitment
proceeding under this article or as a condition of parole or
probation shall be admissible in the proceeding for which
the examination was ordered.

(C) ANY RECORD, STATEMENT, OBSERVATION, OR CONCLUSION
ENUMERATED IN SUBSECTION (B) OF THIS SECTION MAY NOT BE USED
TO INITIATE OR SUBSTANTIATE ANY CRIMINAL CHARGE AGAINST OR
CONDUCT AN INVESTIGATION OF ANY PATIENT.

12.

 

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Session Laws, 1980
Volume 739, Page 3259   View pdf image
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