HARRY HUGHES, Governor

509

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 15(a), (b), and (c) and the second clause
of the second sentence of § 12(c).

Defined terms: "Administration" § 9-101
"Drug" § 9-101

9-651. INDIVIDUALS UNFIT FOR REHABILITATION.

IF THE ADMINISTRATION DETERMINES THAT AN INDIVIDUAL
COMMITTED TO THE ADMINISTRATION IS NOT FIT FOR
REHABILITATION, THE ADMINISTRATION SHALL RETURN THE
INDIVIDUAL TO THE COURT THAT ORDERED COMMITMENT, FOR ITS
TERMINATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 9(o) and § 12(d), except as that
subsection related to resumption of a criminal
proceeding. It is revised to apply to all
proceedings under this subtitle. See revisor's
note to § 9-601 of this subtitle.

Although former Article 43B, § 9(o) referred only
to returning the individual to the committing
court, this section is revised to specify that
the return is for termination of the commitment.
This revision is based on the provision of former
Article 43B, § 12(d), which specified that
purpose.

The former reference to termination "because of
excessive criminality or for other relevant
reason" is deleted as unnecessary.

As to termination of a commitment, see § 9-653 of
this subtitle.

Defined term: "Administration" § 9-101

9-652. FAILURE TO REHABILITATE.

(A)  COMMITMENTS UNDER PART II OR III.

IF, WITHIN 5 YEARS AFTER THE COMMITMENT OF AN
INDIVIDUAL UNDER PART II OR III OF THIS SUBTITLE, THE
ADMINISTRATION DOES NOT DISCHARGE THE INDIVIDUAL AS
REHABILITATED, THE ADMINISTRATION SHALL FILE WITH THE COURT
THAT ORDERED COMMITMENT A CERTIFICATE OF NONREHABILITATION.

(B)  COMMITMENTS UNDER PART IV OR V.

IF, WITHIN 5 YEARS AFTER THE COMMITMENT OF AN
INDIVIDUAL UNDER PART IV OR V OF THIS SUBTITLE, THE