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Session Laws, 1982
Volume 742, Page 501   View pdf image
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HARRY HUGHES, Governor

501

(3). THE PETITIONER IS A DANGER TO THE LIFE OR
SAFETY OF THE PETITIONER OR ANOTHER; AND

(4) 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 the first paragraph of
former Article 43B, § 9(a), except the first two
clauses of that paragraph, and the first through
sixth sentences and the eighth sentence of
(1)(2), which, by cross-reference, applied to the
proceedings under Part V of this subtitle. See
revisor's note to § 9-601 of this subtitle.

Subsection (b)(3)(i) of this section is new
language substituted for the former, limited
right "to present witnesses on his behalf", to
conform to similar provisions elsewhere in this
article.

In subsection (b)(3) of this section, the former
reference to the right to counsel is deleted as
unnecessary in light of § 9-605 of this subtitle.

In subsection (b)(4) of this section, the former,
ambiguous reference "if deemed advisable" is
deleted as unnecessary in light of the word
"may".

In subsection (c) of this section, the term
"trier of fact" is substituted for the references
to the "judge" and "jury", for brevity and
clarity.

Also in subsection (c) of this section, the
former provision "all relevant evidence and
testimony is presented and following summation
and argument by the parties, on consideration of
all the evidence and testimony of record" is
deleted as unnecessary.

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

9-643. CERTIFICATION TO CORRECTIONAL INSTITUTION.

IF THE COURT DOES NOT COMMIT THE INDIVIDUAL UNDER PART
V OF THIS SUBTITLE, THE COURT SHALL CERTIFY THAT
DETERMINATION AND RETURN THE DEFENDANT TO THE CORRECTIONAL
INSTITUTION TO RESUME SERVING THE SENTENCE.

REVISOR'S NOTE: This section is new language added to

 

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Session Laws, 1982
Volume 742, Page 501   View pdf image
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