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Session Laws, 1980
Volume 739, Page 3261   View pdf image
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HARRY HUGHES, Governor

3261

the court of his criminal conviction for the resumption of
the pending criminal proceedings.

(d)  If, at any time after commitment of [an] A DRUG
addict pursuant to this section, the [Authority]
ADMINISTRATION concludes that the DRUG addict, because of
excessive criminality or for other relevant reason, is not a
fit subject for commitment or treatment, the [Authority]
ADMINISTRATION shall return the DRUG addict to the
committing court for termination of the commitment and
referral to the court of the DRUG addict's criminal
conviction for the resumption of the pending criminal
proceedings.

(e)  A certification of a drug addict to the
[Authority] ADMINISTRATION pursuant to this section shall in
no way void the criminal conviction in the court where the
proceedings were adjourned to commence commitment
proceedings under this section. If, at the expiration of
the maximum period of commitment pursuant to this section,
the [Authority] ADMINISTRATION is unable to certify that
[an] A DRUG addict is rehabilitated, the [Authority]
ADMINISTRATION shall return [such] THE DRUG addict to the
committing court for ultimate resumption of the pending
criminal proceedings. [In the above situation and in] IN
any instance when the [Authority] ADMINISTRATION returns
[an] A DRUG addict to the committing court for ultimate
resumption of pending criminal proceedings, [such] THE DRUG
addict shall receive full credit toward the service of any
sentence which may be imposed for any time spent in
institutional custody from the commencement of his
commitment proceedings to the date of the termination of the
commitment.

15.

(a) If at any time the [Authority] ADMINISTRATION is
of the opinion that [a person] AN INDIVIDUAL committed to
its care and custody pursuant to this article [has
abstained] SUBSTANTIALLY REFRAINED from the use of
[addicting] UNAUTHORIZED drugs AND COMPLIED WITH THE RULES
AND REGULATIONS OF THE TREATMENT AGENCY for at least [three]
2 consecutive years while an outpatient and has otherwise
complied with the conditions of his release, the [Authority]
ADMINISTRATION shall discharge [such person] THE INDIVIDUAL
as rehabilitated.

(d) [Whenever any person] IF AN INDIVIDUAL certified
to the [Authority] ADMINISTRATION pursuant to § 9 of this
article has not been discharged as rehabilitated [by the
Authority] at the expiration of the maximum [seven-year]
5-YEAR period, the [Authority] ADMINISTRATION shall file a
certificate of nonrehabilitation with the committing court.

18.

 

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Session Laws, 1980
Volume 739, Page 3261   View pdf image
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