HARRY HUGHES, Governor

467

SUBJECT TO THE REQUIREMENTS OF THIS SUBTITLE, A COURT
MAY COMMIT AN INDIVIDUAL TO THE ADMINISTRATION.

REVISOR'S NOTE: This section is new language added as a
general statement of the authority to commit
individuals to the Administration.

Former Article 43B, § 9 enabled a court to commit
a drug abuser, on petition of that drug abuser,
and to commit a class of drug abuser -- i.e., the
drug addict -- on petition of certain enumerated
persons. Former Article 43B, § 9 also purported
to exclude a criminal defendant or inmate from
the commitment procedures, but those procedures
were incorporated, by reference, in the
provisions that provided for commitment of the
criminal defendant or inmate.

Former Article 43B, § 12, which provided for
commitment of a defendant convicted, but not
sentenced, indicated the "the provisions of
subsection (b)(1) through subsection (e)(1),
subsection (f), and subsection (g) of § 9, and §
10, and § 11" applied to the extent the
provisions were not inconsistent. This
cross-reference failed to reflect the amendment
of former Article 43B, § 9 by Ch. 883, Acts of
1980. That Act, inter alia, renumbered the
subsections of that former section, as follows:
subsection (b)(1) through (7) became subsections
(c) through (h); subsection (c) became
subsections (i) through (k)(l); subsection (d)(1)
became subsection (k)(2); subsection (d)(2) and
(3) became subsection (1)(1) and (2); subsection
(d)(4) became subsection (m); subsection (e)(1)
became subsection (n)(l); and subsections (f) and
(g) became subsections (p) and (g).

Former Article 43B, § 13, which provided for
commitment of an inmate, indicated that the
"provisions contained in subsection (b) through
subsection (f) of § 12" applied and, thus,
through the provisions of former Article 43B, §
12(b), incorporated the provisions of former
Article 43B, § 9.

For clarity, this subtitle is revised in parts.
Part I of this subtitle contains provisions that
apply to all commitment proceedings. Parts II
through V provide for commitment of specific
classes of individuals. In each of these parts
of this subtitle, the applicable procedural safe
guards in former Article 43B, § 9 and the rights
in former Article 43B, §§ 10 and 11 are set out.