HARRY HUGHES, Governor

493

In subsection (a)(1) of this section, the
reference to examination of "the report of the
Administration" is new language added to reflect
that, under § 9-630 of this subtitle, the criminal
court orders the examination. Thus, the
provisions of former Article 43B, § 9(e) through
(h) and the first sentence of (i) do not appear
to apply to the proceedings under Part IV of this
subtitle.

As to subsection (a)(2) of this section and the
right to a jury trial, see revisor's note to §
9-612 of this subtitle.

Defined terms: "Administration" § 9-101
"Drug addict" § 9-101 "Person" § 1-101

9-633. TRIAL.

(A)  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.

(B)  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.