Ch. 758

LAWS OF MARYLAND

(ii) The Administration or any peace officer or
police officer may return the individual to the physical custody
of the Administration.

(2) If an individual is returned for inpatient care
under this subsection, the Administration shall give the court
that ordered commitment written notice of the return within 5
days.

(d) An individual may not be returned for inpatient care
under this section for more than 1 year. After that 1-year
period, the Administration may:

(1)  Release the individual under this section; or

(2)  Return the individual to the court that ordered
commitment for termination of the commitment.

[9-650.] 8-641.

(a)  Subject to the limitations of this section, the
Administration shall discharge as rehabilitated an individual who
has been committed to the Administration if the Administration
believes that the individual:

(1)  Substantially has refrained from the use of
unauthorized drugs;

(2)  While an outpatient, has complied with the rules
and regulations of the treatment agency for at least 2
consecutive years; and

(3)  Otherwise has complied with the conditions of
release.

(b)  At least 10 days before the discharge of an individual
as rehabilitated, the Administration shall file a certificate of
discharge with the court that ordered commitment.

(c)  (1) The Administration:

(i) May not discharge within the first 2 years
of commitment any individual who has been committed under Part IV
of this subtitle; and

(ii) On or before the effective date of
discharge, shall return the individual to the court that ordered
commitment.

(2) On return of the individual, the court shall
order the termination of the pending criminal proceeding without
imposition of sentence.

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