490

LAWS OF MARYLAND

Ch. 21

IF IT APPEARS TO A COURT THAT A DEFENDANT WHO HAS BEEN
CONVICTED OF, BUT NOT YET SENTENCED FOR A CRIME, MAY BE A
DRUG ADDICT OR IF THE DEFENDANT NOTIFIES THE COURT OF A
DESIRE TO BE COMMITTED TO THE ADMINISTRATION, THE COURT MAY
ORDER THAT A PETITION FOR COMMITMENT BE MADE, AS PROVIDED IN
PART IV OF THIS SUBTITLE.

(B)  FILING; JURISDICTION.

(1)  AS ORDERED BY THE COURT, A PETITION UNDER
THIS SECTION SHALL BE FILED:

(I)  IF THE DEFENDANT DESIRES COMMITMENT,
BY THE STATE'S ATTORNEY OR THE DEFENSE COUNSEL; OR

(II)  BY THE STATE'S ATTORNEY.

(2)  THE COURT MAY KEEP JURISDICTION FOR PURPOSES
OF THE COMMITMENT PROCEEDING OR ORDER THE FILING OF THE
PETITION WITH ANY OTHER COURT OF COMPETENT JURISDICTION.

(C)  EFFECT ON CRIMINAL PROCEEDING.

IF THE COURT ORDERS A COMMITMENT PETITION TO BE FILED,
THE COURT SHALL SUSPEND THE IMPOSITION OF SENTENCE AND
ADJOURN THE CRIMINAL PROCEEDING.

(D)  ORDER FOR EXAMINATION.

AFTER THE COURT ADJOURNS THE CRIMINAL PROCEEDING, THE
COURT SHALL ORDER THE ADMINISTRATION TO EXAMINE AND EVALUATE
THE DEFENDANT TO DETERMINE WHETHER THE DEFENDANT IS:

(1)  A DRUG ADDICT; AND

(2)  AN APPROPRIATE INDIVIDUAL FOR
REHABILITATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 12(a-l)(l) and (3) and the first and
second sentences of (a).

In subsection (a) of this section, the defined
term "Administration" is substituted for the
obsolete reference to the former Drug Abuse
Authority.

In subsection (b)(2) of this section, the former
limitation "if the petition and the findings of
the Administration are available" is deleted as
meaningless, since the court orders preparation
of these documents.

The Commission to Revise the Annotated Code