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Session Laws, 1986
Volume 768, Page 3902   View pdf image
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3902                                                       VETOES

(a)  After the medical examination, the examiners promptly
shall report to the court that ordered the examination.

(b)  If, after reviewing the report, the court is satisfied
that there are reasonable grounds to believe that the petitioner
is a drug addict, the court promptly shall:

(1)  Give the petitioner a copy of the report;

(2)  If the petitioner does not have counsel, advise
the petitioner of the petitioner's right to counsel; and

(3)  Advise the petitioner that:

(i) The petition and the report set forth
reasonable grounds to believe that the petitioner is a drug
addict;

(ii) If the petitioner is found to be a drug
addict, the petitioner may be committed to the Administration;
and

(iii) The petitioner is entitled to a trial
before the court or a jury.

(c)  The court immediately shall commit the petitioner to
the Administration if:

(1)  A motion by or for a trial is not made for the
petitioner; and

(2)  The court finds, on clear and convincing
evidence, that:

(i) The petitioner is a drug addict;

(ii) The petitioner needs care, supervision,
and treatment because of the drug addiction;

(iii) The petitioner presents a danger to the
life or safety of the petitioner or another; and

(iv) There is no available less restrictive
form of intervention that is consistent with the welfare and
safety of the petitioner.]

[9-642.

(a) (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.

 

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Session Laws, 1986
Volume 768, Page 3902   View pdf image
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