HARRY HUGHES, Governor

483

(3) THE OFFICER MAY NOT RESTRAIN THE INDIVIDUAL
ANY MORE THAN IS NECESSARY FOR THE PURPOSES OF THE WARRANT.

(D) DETENTION.

(1)   IF THE COURT IS NOT IN SESSION WHEN THE
INDIVIDUAL IS ARRESTED, THE INDIVIDUAL MAY BE HELD AT A
FACILITY THAT THE ADMINISTRATION DESIGNATES OR AT ANY OTHER
DETENTION FACILITY UNTIL THE COURT IS IN SESSION.

(2)  THE ADMINISTRATIVE HEAD OF THE DETENTION
FACILITY OR A REPRESENTATIVE OF THAT ADMINISTRATIVE HEAD
SHALL ADVISE THE INDIVIDUAL THAT:

(I)  COMMITMENT OF THE INDIVIDUAL TO THE
ADMINISTRATION IS SOUGHT;

(II)  THE INDIVIDUAL DID NOT     APPEAR, AS
ORDERED, FOR A DETERMINATION WHETHER THERE ARE     REASONABLE
GROUNDS TO ORDER THE INDIVIDUAL TO HAVE A MEDICAL
EXAMINATION;

(III)  THE INDIVIDUAL MUST APPEAR BEFORE
THE COURT AT THE NEXT SESSION FOR THAT DETERMINATION;

(IV)  THE INDIVIDUAL IS ENTITLED TO COUNSEL
AT EVERY STAGE OF THE PROCEEDING;

(V)   IF THE INDIVIDUAL WANTS BUT CANNOT
AFFORD COUNSEL, THE COURT WILL ASSIGN COUNSEL; AND

(VI)  THE INDIVIDUAL IS ENTITLED TO
COMMUNICATE, WITHOUT     CHARGE, BY TELEPHONE OR LETTER, TO
OBTAIN COUNSEL AND TO   INFORM A RELATIVE OR FRIEND OF THE
PROCEEDING.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 9(e) and the first and second sentences of
(d).

Subsection (d)(2)(i), (ii), and (iii) are new
language substituted for the imprecise references
to advise as to "the nature of the proceeding"
and "the reason for his detention" and to
appearance "in connection with the allegation
that he is a drug addict"-, for clarity.

In . subsection (d)(1) of this section, the former
reference to detention "for a reasonable time" is
deleted as unnecessary in light of the more
specific reference "until the court is in
session".