HARRY HUGHES; Governor

511

against an individual is not affected by
commitment, is deleted as unnecessary in light of
the directive to "adjourn the criminal
proceedings", in § 9-630 of this subtitle and
subsection (a)(1) of this section.

SUBTITLE 7. COMMITMENT OF INDIVIDUAL CHARGED WITH CRIME.

9-701. COMMITMENT AUTHORIZED.

(A)   IN GENERAL.

(1)   IF A DISTRICT OR CIRCUIT COURT JUDGE IS
SATISFIED THAT A DEFENDANT IN A CRIMINAL CASE HAS A DRUG
ADDICTION TO A NARCOTIC DRUG, AS DEFINED IN ARTICLE 27, §
277(Q) OF THE CODE, THE JUDGE MAY COMMIT THE DEFENDANT TO
THE DEPARTMENT FOR EVALUATION AND TREATMENT, UNDER THE
CONDITIONS THAT THE JUDGE SETS.

(2)  BEFORE A JUDGE ORDERS COMMITMENT UNDER THIS
SECTION, THE JUDGE SHALL CONSULT WITH THE DEPARTMENT.

(3)  THE DEPARTMENT SHALL ACCEPT CUSTODY OF THE
INDIVIDUAL.

(B)  TERM OF COMMITMENT.

(1)  A COMMITMENT UNDER THIS SECTION SHALL BE FOR
AT LEAST 96 HOURS AND NOT MORE THAN 6 WEEKS.

(2)  EXCEPT DURING THE FIRST 96 HOURS AFTER
COMMITMENT, THE SECRETARY OR A DESIGNEE OF THE    SECRETARY MAY
TERMINATE THE COMMITMENT IF THE SECRETARY OR DESIGNEE
DETERMINES THAT CONTINUED COMMITMENT:

(I)   IS NOT IN THE BEST INTEREST OF THE
INDIVIDUAL; OR

(II)  DOES NOT SERVE ANY USEFUL PURPOSE.

(C)  NOTICE BEFORE RELEASE.

BEFORE AN INDIVIDUAL IS RELEASED FROM COMMITMENT UNDER
THIS SECTION, THE SECRETARY OR DESIGNEE SHALL GIVE THE
JUDGE THAT ORDERED COMMITMENT NOTICE OF THE PROPOSED DATE
AND TIME OF RELEASE.

REVISOR'S NOTE: Subsections (a)(1) and (3), (b), and
(c) of this section are new language that
combines, without substantive change, the similar
provisions of former Article 16, § 49 and CJ §
4-305, as those sections related to certain drug
addicts.

Subsection (a)(2) of this section is new language