474

LAWS OF MARYLAND

Ch. 21

(2)  IF THE PETITIONER DOES NOT HAVE COUNSEL,
ADVISE THE PETITIONER OF THE PETITIONER'S RIGHT TO COUNSEL;
AND

(3)  ADVISE THE PETITIONER THAT:

(I)  IF THE COURT FINDS REASONABLE GROUNDS
TO BELIEVE THAT THE PETITIONER IS A DRUG ABUSER, THE COURT
WILL ORDER THE PETITIONER TO HAVE A MEDICAL EXAMINATION;

(II)  AFTER THE MEDICAL EXAMINATION, THE
PETITIONER MUST APPEAR AGAIN BEFORE THE COURT;

(III)  IF THE PETITION AND THE REPORT OF
THE MEDICAL EXAMINATION SET FORTH REASONABLE GROUNDS TO
BELIEVE THAT THE PETITIONER IS A DRUG ABUSER, THE COURT MAY
COMMIT THE PETITIONER TO THE ADMINISTRATION; AND

(IV)  BEFORE COMMITMENT MAY BE ORDERED, THE
PETITIONER HAS A RIGHT TO A HEARING.

REVISOR'S NOTE: Items (1) and (3) of this section are
new language derived without substantive change
from the first and second sentences of former
Article 43B, § 9(f), as those sentences related
to petitions by the alleged drug abuser.

Item (2) of this section is new language added as
a reference to the right of the individual to
counsel, which now appear in § 9-605 of this
subtitle. See also § 9-607(b) of this subtitle.

Throughout this section, the former references to
a "drug addict" are deleted as unnecessary in
light of the use of the defined term "drug
abuser", which includes a drug addict.

In item (3) of this section, the former reference
to a medical examination "at a facility
designated by the Administration" is deleted as
unnecessary in light of § 9-608(2) of this
subtitle.

The third sentence of former Article 43B, § 9(d)
is deleted as unnecessary and erroneous. It
stated that the provisions of this section apply
after "the court determines that there are
reasonable grounds to believe such person is a
drug addict or drug abuser", while the provisions
of former Article 43B, § 9(f) indicated that the
court advises the petitioner as provided in this
section before any determination. See item
(3)(i) of this section.

Defined terms: "Administration" § 9-101