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Session Laws, 1982
Volume 742, Page 473   View pdf image
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HARRY HUGHES, Governor

473

(4) CONTAIN A STATEMENT THAT THE PETITIONER
NEEDS CARE, SUPERVISION, AND TREATMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
second clauses of the first sentence of former
Article 43B, § 9(a) and from former Article 43B,
§ 9(b) and (c)(2), (3),. and (4), as those
subsections related to petitions by the alleged
drug abuser.

In this section and throughout this title,
references to "commit" and "commitment" to the
Administration are substituted for phrases such
as "certify ... to the care and custody of the
Administration", for brevity and to standardize
these references.

In subsection (a) of this section, the former
phrase "in a civil proceeding" is deleted as
unnecessary in light of § 9-602 of this subtitle.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that, under subsection (b) of this section, the
petition may be filed in either the circuit court
or district court, while, under §§
9-615(c)(3)(iii) and 9-616 of this subtitle, the
petitioner is entitled to a jury trial. The
procedures by which the petitioner may have a
jury trial if the petition is filed in district
court are unclear. Chapters 100 through 600 of
the Maryland District Rules may apply, because of
the "civil" nature of these proceedings, although
the rules do not appear to address any of the
specific considerations of a commitment
proceeding. See, e.g., M.D.R. 343, which
provides for transfers to the circuit court for a
jury trial, only if the district court has
exclusive, original jurisdiction.

As to verifications, see § 1-201 of this article.

Defined terms: "Administration" § 9-101
"County" § 1-101 "Drug abuser" § 9-101

9-613. ACTION ON PETITION.

WHEN A PETITIONER UNDER PART II OF THIS SUBTITLE
APPEARS BEFORE THE COURT, THE COURT SHALL:

(1) GIVE THE PETITIONER A COPY OF EACH PAPER NOT
YET SERVED ON THE PETITIONER;

 

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Session Laws, 1982
Volume 742, Page 473   View pdf image
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