WILLIAM DONALD SCHAEFER, Governor                   Ch. 758

individual for whom commitment is sought [is a drug addict] HAS A
DRUG DEPENDENCE, the court shall dismiss the petition and
discharge the individual.

(c)  If, after reviewing the report, the court is satisfied
that there are reasonable grounds to believe that the individual
[is a drug addict] HAS A DRUG DEPENDENCE, the court promptly
shall:

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

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

(3)  Advise the individual that:

(i) The petition and the report set forth
reasonable grounds to believe that the individual [is a drug
addict] HAS A DRUG DEPENDENCE;

(ii) If the individual is found to [be a drug
addict] HAVE A DRUG DEPENDENCE, the individual may be committed
to the Administration; and

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

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

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

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

(i) The individual [is a drug addict] HAS A
DRUG DEPENDENCE;

(ii) The individual needs care, supervision,
and treatment because of the drug [addiction] DEPENDENCE;

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

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

[9-626.] 8-626.

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