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Session Laws, 1988
Volume 770, Page 4953   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 758

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

[9-633.] 8-633.

(a)  (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 individual is entitled to have
subpoenas issued for that purpose.

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

(i) To offer evidence; and

(ii) To cross-examine adverse witnesses.

(4)  The individual may be examined as a witness.

(b)  The court immediately shall commit the individual to
the Administration if the trier of fact finds, on clear and
convincing evidence, that;

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

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

(3)  The individual is a danger to the life or safety
of the individual or another; and

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

[9-634.] 8-634.

If the court does not commit the individual under Part IV of
this subtitle, the court shall certify that determination and
return the defendant to the criminal court that ordered the
petition filed.

[9-635, 9-636.] 8-635, 8-636. Reserved.

Part [VI] V. Conditions of Commitment; Termination.
[9-646.] 8-637.

- 4953 -

 

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Session Laws, 1988
Volume 770, Page 4953   View pdf image
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