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Session Laws, 1982
Volume 742, Page 500   View pdf image
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500                                      LAWS OF MARYLAND                                Ch. 21

the Administration" to reflect that a mere
finding that the petitioner is a drug addict is
not, of itself, sufficient for commitment. See
subsection (c) of this section and § 9-642 of
this subtitle.

Defined terms: "Administration" § 9-101

"Drug addict" § 9-101 "Drug addiction" § 9-101

9-642. TRIAL.

(A)  ORDER FOR TRIAL.

(1)  ON MOTION BY OR FOR THE PETITIONER OR ON
MOTION OF THE COURT, THE COURT SHALL ORDER A TRIAL ON THE
COMMITMENT PETITION.

(2)  THE TRIAL SHALL BE HELD BEFORE THE COURT OR,
ON ELECTION OF THE PETITIONER, BEFORE A JURY. AFTER AN
ELECTION FOR A TRIAL BEFORE THE COURT, THE PETITIONER MAY
NOT HAVE A JURY TRIAL.

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

(B)  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 PETITIONER IS
ENTITLED TO HAVE SUBPOENAS ISSUED FOR THAT PURPOSE.

(3)  AT THE TRIAL, THE PETITIONER IS ENTITLED:

(I)  TO OFFER EVIDENCE; AND

(II)  TO CROSS-EXAMINE ADVERSE WITNESSES.

(4)  THE PETITIONER MAY BE EXAMINED AS A WITNESS.

(C)  COMMITMENT ORDER.

THE COURT IMMEDIATELY SHALL COMMIT THE PETITIONER TO
THE ADMINISTRATION IF THE TRIER OF FACT FINDS, ON CLEAR AND
CONVINCING EVIDENCE, THAT:

(1)  THE PETITIONER IS A DRUG ADDICT;

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

 

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Session Laws, 1982
Volume 742, Page 500   View pdf image
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