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Session Laws, 1982
Volume 742, Page 492   View pdf image
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492

LAWS OF MARYLAND

Ch. 21

ADDICT NEEDS CARE, SUPERVISION, AND TREATMENT.

REVISOR'S NOTE: This section is new language added to
reflect the substance of former Article 43B, §
9(c), which, by reference in former Article 43B,
§ 12(b), applied to petitions under Part IV of
this subtitle. See revisor's note to § 9-601 of
this subtitle.

In item (2) of this section, the phrase
"{u}nless the petitioner is the alleged drug
addict" is new language added to reflect that, if
the alleged drug addict begins the proceedings,
the information required in item (2) of this
section would be covered by item (3) of this
section.

As to verifications, see § 1-201 of this article.

Defined term: "Drug addict" § 9-101

9-632. ACTION ON PETITION.

(A)  ORDER FOR TRIAL.

(1)  IF, AFTER EXAMINATION OF THE REPORT OF THE
ADMINISTRATION AND A PETITION FILED UNDER PART IV OF THIS
SUBTITLE, THE COURT FINDS THERE ARE REASONABLE GROUNDS TO
BELIEVE THE INDIVIDUAL FOR WHOM COMMITMENT IS SOUGHT IS A
DRUG ADDICT, THE COURT MAY ORDER A TRIAL ON THE COMMITMENT
PETITION.

(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.

(B)  SERVICE.

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

REVISOR'S NOTE: This section is new language derived
from the first and second sentences of former
Article 43B, § 12(a-l)(2) and revised to reflect
the substance of former Article 43B, § 9(d),
which, by reference in former Article 43B, §
12(b), applied to petitions under Part IV of this
subtitle, except to the extent of any
inconsistencies. See revisor's note to § 9-601
of this subtitle. However, subsection (a)(1) of
this section enables, rather than requires, an
order for trial in light of the second sentence
of former Article 43B, § 12(a-l)(2).

 

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Session Laws, 1982
Volume 742, Page 492   View pdf image
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