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Session Laws, 1988
Volume 770, Page 4951   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 758

(1) Is awaiting sentencing for any crime other than
theft, if the crime is punishable by more than 10 years
imprisonment or by death;

(2) Is charged with another crime; or

(3) Is serving a sentence in a correctional
institution.

[9-630.] 8-630.

(a)  If it appears to a court that a defendant who has been
convicted of, but not yet sentenced for a crime, may [be a drug
addict] HAVE A DRUG DEPENDENCE or if the defendant notifies the
court of a desire to be committed to the Administration, the
court may order that a petition for commitment be made, as
provided in Part IV of this subtitle.

(b)  (1) As ordered by the court, a petition under this
section shall be filed:

(i) If the defendant desires commitment, by the
State's attorney or the defense counsel; or

(ii) By the State's attorney.

(2) The court may keep jurisdiction for purposes of
the commitment proceeding or order the filing of the petition
with any other court of competent jurisdiction.

(c)  If the court orders a commitment petition to be filed,
the court shall suspend the imposition of sentence and adjourn
the criminal proceeding.

(d)  After the court adjourns the criminal proceeding, the
court shall order the Administration to examine and evaluate the
defendant to determine whether the defendant is:

(1)   [A drug addict] AN INDIVIDUAL WITH A DRUG
DEPENDENCE; and

(2)  An appropriate individual for rehabilitation.
[9-631.] 8-631.

A petition under § [9-630] 8-630 of this subtitle shall:

(1)  Be signed and verified by the petitioner;

(2)  Unless the petitioner is the [alleged drug
addict] INDIVIDUAL ALLEGED TO HAVE A DRUG DEPENDENCE, state the
petitioner's:

- 4951 -

 

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Session Laws, 1988
Volume 770, Page 4951   View pdf image
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