HARRY HUGHES, Governor

2385

FOR the purpose of establishing certain criteria before a
judge or jury may certify a drug abuser or drug addict
to the care and custody of the Drug Abuse
Administration; altering the burden of proving that an
individual is a drug addict or drug abuser; decreasing
the time period between a commitment and the initial
review of that commitment; requiring additional
periodic review; and making this Act an emergency
measure.

BY repealing and reenacting, with amendments,

Article 43B - Comprehensive Drug Abuse Control and

Rehabilitation Act
Section 9(a), (1)(2), and (n)(2), 12(a-l)(2) and (c)
Annotated Code of Maryland
(1980 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43B - Comprehensive Drug Abuse Control and
Rehabilitation Act

9.

(a) A judge of the Supreme Bench of Baltimore City or
of the circuit court of the various counties or of the
District Court who has jurisdiction within the judicial
district where an alleged drug abuser OR ALLEGED DRUG ADDICT
resides or may be found may certify the drug abuser OR
DRUG ADDICT in a civil proceeding to the care and custody of
the Administration as provided in this section[.], IF, AFTER
ALL RELEVANT EVIDENCE AND TESTIMONY IS PRESENTED AND
FOLLOWING SUMMATION AND ARGUMENT BY THE PARTIES, ON
CONSIDERATION OF ALL THE EVIDENCE AND TESTIMONY OF RECORD,
THE JUDGE FINDS THAT THE RECORD DEMONSTRATES BY CLEAR AND
CONVINCING EVIDENCE THAT AT THE TIME OF THE HEARING EACH OF
THE FOLLOWING ELEMENTS EXIST AS TO THE INDIVIDUAL WHOSE
ADMISSION OR RETENTION IS SOUGHT:

(1)  THE INDIVIDUAL IS A DRUG ABUSER OR DRUG
ADDICT;

(2)  THE INDIVIDUAL IS IN NEED OF CARE,
SUPERVISION, AND TREATMENT BECAUSE OF HIS DRUG ABUSE OR DRUG
ADDICTION;

(3)  THE INDIVIDUAL PRESENTS A DANGER TO HIS OWN
LIFE OR SAFETY OR THE LIFE OR SAFETY OF OTHERS; AND

(4)  THERE IS NO LESS RESTRICTIVE FORM OF
INTERVENTION AVAILABLE WHICH IS CONSISTENT WITH THE PERSON'S
WELFARE AND SAFETY.