HARRY HUGHES, Governor

495

The phrase "does not commit" is substituted for
the reference to a determination that the
individual "is not a drug addict", since a
finding of drug addiction no longer results in
automatic commitment to the Administration.

Although, under former Article 43B, § 12(b),
former Article 43B, § 9(j) -- which provided for
discharge of the individual -- could extend to a
proceeding under Part IV of this subtitle, that
provision appeared inconsistent with former
Article 43B, § 12(f) and, therefore, is not set
forth in Part IV of this subtitle.

9-635.     RESERVED.

9-636.     RESERVED.

PART V.     COMMITMENT OF INMATE IN CORRECTIONAL INSTITUTION.

9-637.     SCOPE OF PART V.

AN INDIVIDUAL MAY NOT BE COMMITTED UNDER PART V OF THIS
SUBTITLE IF THE INDIVIDUAL:

(1)  IS SERVING A SENTENCE FOR A CRIME OTHER THAN
THEFT, IF THE CRIME IS PUNISHABLE BY MORE THAN 10 YEARS
IMPRISONMENT OR BY DEATH; OR

(2)  IS CHARGED WITH ANOTHER CRIME.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 43B, § 13.

9-638. PETITION.

(A)  IN GENERAL.

IF AN INMATE IN A CORRECTIONAL INSTITUTION IN THIS
STATE BELIEVES THAT THE INMATE IS A DRUG ADDICT, THEN WITH
THE APPROVAL OF THE MARYLAND PAROLE COMMISSION, THE INMATE
MAY FILE A PETITION TO BE COMMITTED TO THE ADMINISTRATION AS
PROVIDED IN PART V OF THIS SUBTITLE.

(B)  JURISDICTION AND VENUE.

A PETITION UNDER THIS SECTION MAY BE FILED WITH THE
CIRCUIT COURT FOR THE COUNTY WHERE THE CORRECTIONAL
INSTITUTION IS LOCATED.

(C)  PETITION.

A PETITION UNDER THIS SECTION SHALL: