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Session Laws, 1982
Volume 742, Page 434   View pdf image
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434

LAWS OF MARYLAND

Ch. 21

The only other changes are in style.

The second sentence of former Article 2C, § 313,
which enabled the Administration to recommend
legislation to the Governor and the General
Assembly to carry out this section, is deleted as
unnecessary in light of the duties of the
Administration under § 8-204 of this title.

Defined term: "Administration" § 8-101

8-510. COMMITMENT OF INDIVIDUAL CHARGED WITH CRIME.

(A)  IN GENERAL.

(1)  IF A DISTRICT COURT OR CIRCUIT COURT JUDGE
IS SATISFIED THAT A DEFENDANT IN A CRIMINAL CASE IS A
CHRONIC ALCOHOLIC, THE JUDGE MAY COMMIT THE DEFENDANT TO THE
DEPARTMENT FOR EVALUATION AND TREATMENT, UNDER THE
CONDITIONS THAT THE JUDGE SETS.

(2)  THE DEPARTMENT SHALL ACCEPT CUSTODY OF THE
INDIVIDUAL.

(B)  TERM OF COMMITMENT.

(1)  A COMMITMENT UNDER THIS SECTION SHALL BE FOR
AT LEAST 96 HOURS AND NOT MORE THAN 6 WEEKS.

(2)  EXCEPT DURING THE FIRST 96 HOURS AFTER
COMMITMENT, THE SECRETARY OR A DESIGNEE OF THE SECRETARY MAY
TERMINATE THE COMMITMENT IF THE SECRETARY OR DESIGNEE
DETERMINES THAT CONTINUED COMMITMENT:

(I)  IS NOT IN THE BEST INTEREST OF THE
INDIVIDUAL; OR

(II)  DOES NOT SERVE ANY USEFUL PURPOSE.

(C)  NOTICE BEFORE RELEASE.

BEFORE AN INDIVIDUAL IS RELEASED FROM COMMITMENT UNDER
THIS SECTION, THE SECRETARY OR DESIGNEE SHALL GIVE THE JUDGE
THAT ORDERED COMMITMENT NOTICE OF THE PROPOSED DATE AND TIME
OF RELEASE.

REVISOR'S NOTE: This section is new language that
combines, without substantive change, former
Article 16, § 49 and CJ § 4-305, as those
sections related to chronic alcoholics.

The provisions of former Article 16, § 49 and CJ
§ 4-305 that related to drug addicts now appear
in § 9-701 of this article.

 

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Session Laws, 1982
Volume 742, Page 434   View pdf image
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