HARRY HUGHES, Governor

487

(D) COMMITMENT ORDER.

THE COURT IMMEDIATELY SHALL COMMIT THE INDIVIDUAL TO
THE ADMINISTRATION IF:

(1)  A MOTION FOR A TRIAL IS NOT MADE BY OR FOR
THE INDIVIDUAL; AND

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

(I)  THE INDIVIDUAL IS A DRUG ADDICT;

(II)  THE INDIVIDUAL NEEDS CARE,
SUPERVISION, AND TREATMENT BECAUSE OF THE DRUG ADDICTION;

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

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

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(l)(1).
It reflects the substantive requirements of
former Article 43B, $ 9(a), as to findings before
commitment.

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 individual is a drug addict is not, of
itself, sufficient for commitment. See
subsection (d) of this section and § 9-626(c) of
this subtitle.

Defined terms: "Administration" § 9-101

"Drug addict" § 9-101 "Drug addiction" § 9-101

9-626. TRIAL.

(A) ORDER FOR TRIAL.

(1) ON MOTION BY OR FOR THE INDIVIDUAL FOR WHOM
COMMITMENT IS SOUGHT OR ON MOTION OF THE COURT, THE COURT
SHALL ORDER A TRIAL ON THE COMMITMENT PETITION.