WILLIAM DONALD SCHAEFER, Governor Ch. 758

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

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

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

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

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

(i) The petitioner is a drug abuser;

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

(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.

[9-616.] 8-616.

(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.

(3) The order shall be served on each party
interested in the commitment petition and on any other person
that the court names.

(b) (1) The trial shall be held at the time and place
stated in the order, unless later changed by the court.

(2) The court may issue a subpoena for attendance of
any witness at the trial. The petitioner is entitled to have
subpoenas issued for that purpose.

(3) At the trial, the petitioner is entitled:

(i) To offer evidence; and
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