3260

LAWS OF MARYLAND

Ch. 883

(A-l) (1) WHEN, UNDER SUBSECTION (A) OF THIS SECTION,
A JUDGE ADJOURNS PROCEEDINGS, THE JUDGE SHALL REQUEST THE
ADMINISTRATION TO EXAMINE AND EVALUATE THE DEFENDANT TO
DETERMINE IF THE DEFENDANT IS A DRUG ADDICT AND QUALIFIES AS
AN APPROPRIATE CANDIDATE FOR REHABILITATION.

(2)  IF A PETITION FOR CIVIL PROCEEDINGS IS FILED
UNDER SUBSECTION (A) OF THIS SECTION, THE COURT WITH CIVIL
JURISDICTION, ON EXAMINATION OF THE PETITION, MAY ISSUE AN
ORDER THAT DIRECTS THE HEARING OF THE PETITION BEFORE THE
COURT AT A SPECIFIED TIME AND PLACE. THE ORDER SHALL BE
SERVED ON THE PARTIES INTERESTED IN THE PETITION AND ON ANY
OTHER PERSON WHOM THE COURT, IN ITS DISCRETION, NAMES. AT
THE SPECIFIED TIME AND PLACE, THE COURT SHALL HEAR THE
TESTIMONY INTRODUCED FOR AND AGAINST THE PETITION, AND, IF
THE COURT CONSIDERS IT ADVISABLE, THE ALLEGED DRUG ADDICT
SHALL BE EXAMINED. THE COURT MAY ISSUE SUBPOENAS FOR THE
ATTENDANCE OF ANY WITNESS. THE ALLEGED DRUG ADDICT HAS THE
RIGHT TO BE REPRESENTED BY COUNSEL, PRODUCE WITNESSES ON HIS
BEHALF, AND CROSS-EXAMINE WITNESSES. IF, FROM THE FACTS
ASCERTAINED AT THE HEARING, THE PROOFS PRODUCED, THE
PETITION, AND THE FINDINGS OF THE ADMINISTRATION, THE COURT
DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE
INDIVIDUAL IS A DRUG ADDICT, THE COURT IMMEDIATELY SHALL
ISSUE AN ORDER THAT CERTIFIES THE INDIVIDUAL TO THE CARE AND
CUSTODY OF THE ADMINISTRATION, FOR THE PERIOD PROVIDED IN
SUBSECTION (C) OF THIS SECTION.

(3)  THIS SECTION DOES NOT PREVENT THE JUDGE WITH
ORIGINAL JURISDICTION FROM CONTINUING THIS CIVIL COMMITMENT
PROCEEDING TO ITS CONCLUSION, IF THE JUDGE SO CHOOSES AND IF
THE PETITION AND THE FINDINGS OF THE ADMINISTRATION ARE
AVAILABLE.

(c) Upon a determination that [such person] THE
INDIVIDUAL is a drug addict, the committing court shall
certify [such person] THE INDIVIDUAL to the care and custody
of the [Authority] ADMINISTRATION for a period commencing on
the date the order of certification is made and terminating
upon the first to occur of (i) the discharge of [such] THE
drug addict by the [Authority] ADMINISTRATION as
rehabilitated, or (ii) the expiration of a period of [ten] 5
years from the date [such] THE period commenced. However,
the period of the initial inpatient care received by [such]
THE DRUG addict immediately following an order of commitment
under this section may not exceed [three] 2 years AND THE
ADMINISTRATION MAY NOT CERTIFY AS REHABILITATED ANY
INDIVIDUAL WITHIN LESS THAN 2 YEARS AFTER THE PERIOD
COMMENCED. [If on] ON the second anniversary of the order
of commitment [such addict is still receiving initial
inpatient care, the Authority], THE ADMINISTRATION shall
REVIEW THE PROGRESS OF THE INDIVIDUAL TO DETERMINE HIS
REHABILITATION AND advise the committing court whether
[inpatient] care should be continued. The court [may] then
[affirm] MAY CONTINUE the commitment or terminate it.
HOWEVER, A COMMITMENT MAY NOT EXCEED 5 YEARS. THE COURT
ALSO MAY TERMINATE A COMMITMENT and refer the DRUG addict to