HARRY HUGHES, Governor

499

THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE
PETITIONER IS A DRUG ADDICT, THE COURT PROMPTLY SHALL:

(1)  GIVE THE PETITIONER A COPY OF THE REPORT;

(2)  IF THE PETITIONER DOES NOT HAVE COUNSEL,
ADVISE THE PETITIONER OF THE PETITIONER'S RIGHT TO COUNSEL;
AND

(3)  ADVISE THE PETITIONER THAT:

(I)  THE PETITION AND THE REPORT SET FORTH
REASONABLE GROUNDS TO BELIEVE THAT THE PETITIONER IS A DRUG
ADDICT;

(II)  IF THE, PETITIONER IS FOUND TO BE A
DRUG ADDICT, THE PETITIONER MAY BE COMMITTED TO THE
ADMINISTRATION; AND

(III)  THE PETITIONER IS ENTITLED TO A
TRIAL BEFORE THE COURT OR A JURY.

(C) COMMITMENT ORDER.

THE COURT IMMEDIATELY SHALL COMMIT THE PETITIONER TO
THE ADMINISTRATION IF:

(1)  A MOTION BY OR FOR A TRIAL IS NOT MADE FOR
THE PETITIONER; AND

(2)  THE COURT FINDS, ON CLEAR AND CONVINCING
EVIDENCE, THAT:

(I)  THE PETITIONER IS A DRUG ADDICT;

(II)  THE PETITIONER NEEDS CARE,
SUPERVISION, AND TREATMENT BECAUSE OF THE DRUG ADDICTION;

(III)  THE PETITIONER PRESENTS A DANGER TO
THE LIFE OR SAFETY OF THE PETITIONER OR ANOTHER; AND

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

REVISOR'S NOTE: This section is new language added to
reflect the substance of former Article 43B, §
9(a), (k), (1)(1), and the second sentence of
(i), which, by cross-reference, applied to the
proceedings under Part V of this subtitle. See
revisor's note to § 9-601 of this subtitle.

In subsection (b)(3)(ii) of this section, the
phrase "may be committed" is substituted for
"shall be certified to the care and custody of