478

LAWS OF MARYLAND

Ch. 21

(1)  ON MOTION BY OR FOR THE PETITIONER OR ON
MOTION OF THE COURT, THE COURT SHALL ORDER A TRIAL ON THE
COMMITMENT PETITION.

(2)  THE TRIAL SHALL BE HELD BEFORE THE COURT OR,
ON ELECTION OF THE PETITIONER, BEFORE A JURY. AFTER AN
ELECTION. FOR A TRIAL BEFORE THE COURT, THE PETITIONER MAY
NOT HAVE A JURY TRIAL.

(3)  THE ORDER SHALL BE SERVED ON EACH PARTY
INTERESTED IN THE COMMITMENT PETITION AND ON ANY OTHER
PERSON THAT THE COURT NAMES.

(B)  CONDUCT OF TRIAL.

(1)  THE TRIAL SHALL BE HELD AT THE TIME AND
PLACE STATED IN THE ORDER, UNLESS LATER CHANGED BY THE
COURT.

(2)  THE COURT MAY ISSUE A SUBPOENA FOR
ATTENDANCE OF ANY WITNESS AT THE TRIAL. THE PETITIONER IS
ENTITLED TO HAVE SUBPOENAS ISSUED FOR THAT PURPOSE.

(3)  AT THE TRIAL, THE PETITIONER IS ENTITLED:

(I)  TO OFFER EVIDENCE; AND

(II)  TO CROSS-EXAMINE ADVERSE WITNESSES.

(4)  THE PETITIONER MAY BE EXAMINED AS A WITNESS.

(C)  COMMITMENT ORDER.

THE COURT IMMEDIATELY SHALL COMMIT THE PETITIONER TO
THE ADMINISTRATION IF THE TRIER OF FACT FINDS, ON CLEAR AND
CONVINCING EVIDENCE, THAT:

(1)  THE PETITIONER IS A DRUG ABUSER;

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

(3)  THE PETITIONER IS A DANGER TO THE LIFE OR
SAFETY OF THE PETITIONER OR ANOTHER; AND

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

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
paragraph of former Article 43B, § 9(a), except
the first and second clauses of that paragraph,
and from the first through sixth sentences and
the eighth sentence of (1)(2), as those