HARRY HUGHES, Governor

3453

(a)  Subject to the limitations of this section, the
Administration shall discharge as rehabilitated an individual who
has been committed to the Administration if the Administration
believes that the individual:

(1)  Substantially has refrained from the use of
unauthorized drugs;

(2)  While an outpatient, has complied with the rules
and regulations of the treatment agency for at least 2
consecutive years; and

(3)  Otherwise has complied with the conditions of
release.

(b)  At least 10 days before the discharge of an individual
as rehabilitated, the Administration shall file a certificate of
discharge with the court that ordered commitment.

(c)  (1) The Administration:

(i) May not discharge within the first 2 years
of commitment any individual who has been committed under Part IV
[or V] of this subtitle; and

(ii) On or before the effective date of
discharge, shall return the individual to the court that ordered
commitment.

(2) On return of the individual, the court shall
order[, as appropriate:

(i) The] THE termination of the pending
criminal proceeding without imposition of sentence[; or

(ii) The unconditional suspension of the
unexpired sentence].

9-652.

(a)  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)  If, within 5 years after the commitment of an
individual under Part IV [or V] of this subtitle, the
Administration does not discharge the individual as
rehabilitated, the Administration shall return the individual to
the court that ordered commitment, for its termination.

9-653.