488

LAWS OF MARYLAND

Ch. 21

(2) THE TRIAL SHALL BE HELD BEFORE THE COURT OR,
ON ELECTION OF THE INDIVIDUAL, BEFORE A JURY. AFTER AN
ELECTION FOR A TRIAL BEFORE THE COURT, THE INDIVIDUAL 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 INDIVIDUAL IS
ENTITLED TO HAVE SUBPOENAS ISSUED FOR THAT PURPOSE.

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

(I)  TO OFFER EVIDENCE; AND

(II)  TO CROSS-EXAMINE ADVERSE WITNESSES.

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

(C) COMMITMENT ORDER.

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

(1)  THE INDIVIDUAL IS A DRUG ADDICT;

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

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

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

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 the sixth sentences
and the eighth sentence of (1)(2), as those
provisions related to petitions by individuals
other than the alleged drug addict.

Subsection (b)(3)(i) of this section is new