HARRY HUGHES, Governor

477

THE ADMINISTRATION IF:

(1)  A MOTION FOR A TRIAL IS NOT MADE BY OR FOR

THE PETITIONER; AND

(2)  THE COURT FINDS, ON CLEAR AND CONVINCING
EVIDENCE, THAT:

(I)  THE PETITIONER IS A DRUG ABUSER;

(II)  THE PETITIONER NEEDS CARE,
SUPERVISION, AND TREATMENT BECAUSE OF THE DRUG ABUSE;

(III)  THE PETITIONER PRESENTS A DANGER TO
THE LIFE OR SAFETY OF THE PETITIONER OR ANOTHER; AND

(IV)  THERE IS NO AVAILABLE LESS
RESTRICTIVE FORM OF INTERVENTION THAT IS CONSISTENT WITH THE
WELFARE AND SAFETY OF THE PETITIONER.

REVISOR'S NOTE: Subsections (a) through (c) of this
section are new language derived without
substantive change from former Article 43B, §
9(j) and (k) and the second sentence of (i).

Subsection (d) of this section is new language
substituted for former Article 43B, § 9(1)(1).
It reflects the substantive requirements of
former Article 43B, § 9(a), as to findings before
commitment.

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 subsection (c)(3)(ii) of this section, the
phrase "may be committed" is substituted for
"shall be certified to the care and custody of
the Administration" to reflect that a finding
that the petitioner is a drug abuser is not, of
itself, sufficient for commitment. See
subsection (d) of this section and § 9-616(c) of
this subtitle.

As to subsection (c)(2) of this section, see §§
9-605 and 9-607(b) of this subtitle.

Defined terms: "Administration" § 9-101
"Drug abuse" § 9-101 "Drug abuser" § 9-101

9-616. TRIAL.

(A) ORDER FOR TRIAL.