WILLIAM DONALD SCHAEFER, Governor Ch. 758

[9-651.] 8-642.

If the Administration determines that an individual
committed to the Administration is not fit for rehabilitation,
the Administration shall return the individual to the court that
ordered commitment, for its termination.

[9-652.] 8-643.

(a)  If, within 5 years after the commitment of an
individual under Part II or III of this subtitle., the

Administration does____not discharge the individual as

rehabilitated, the Administration shall file with the court that
ordered commitment a certificate of nonrehabilitation.

(b)  If, within 5 years after the commitment of an
individual under Part IV of this subtitle, the Administration
does not discharge the individual as rehabilitated, the
Administration shall return the individual to the court that
ordered commitment, for its termination.

[9-653.] 8-644.

(a)  If a court terminates the commitment of an individual
who was committed under Part IV of this subtitle, the court shall
refer the individual to the criminal court with jurisdiction over
the individual, for resumption of the pending criminal
proceeding.

(b)  For the time that the individual spent in institutional
custody between the date on which the commitment proceeding began
and the commitment ended, the individual shall receive full
credit towards any sentence.

8-645, 8-646. Reserved.

PART VI. COMMITMENT OF INDIVIDUALS CHARGED WITH CRIME.

[9-701.] 8-647.

(a) (1) If a district or circuit court judge is satisfied
that a defendant in a criminal case has a drug addiction
DEPENDENCE, to a narcotic drug, as defined in Article 27, § 277(q)
of the Code, the judge may commit the defendant to the Department
for evaluation and treatment, under the conditions that the judge
sets.

(2)  Before a judge orders commitment under this
section, the judge shall consult with the Department.

(3)  The Department shall accept custody of the
individual.

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