(III) HAS BEEN CONVICTED OF MURDER IN THE FIRST DEGREE,
RAPE IN THE FIRST DEGREE, OR A SEXUAL OFFENSE IN THE FIRST DEGREE, UNLESS
THE SENTENCING JUDGE, AT THE TIME OF SENTENCING OR IN THE EXERCISE OF
THE JUDGE'S REVISORY POWER UNDER THE MARYLAND RULES, RECOMMENDS THAT
THE INDIVIDUAL BE REFERRED TO THE INSTITUTION FOR EVALUATION.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 31B, § 1(f).

In the introductory language of paragraphs (1) and (2) and in paragraph
(2)(iii) of this subsection, the references to an "individual" are substituted
for the former references to a "person" because only a human being, and
not the other entities included in the defined term "person", can be
confined at the Patuxent Institution. See § 1-101 of this article for the
definition of "person".

In paragraph (1)(ii) of this subsection, the reference to an emotional
"imbalance" is substituted for the former reference to an emotional
"unbalance" for clarity.

In paragraph (1)(v) of this subsection, the reference to eligibility criteria
established by the Secretary under "§ 4-208(b) of this title" is substituted
for the former reference to eligibility criteria established by the Secretary
under former "[Art. 31B,] § 8" (revised in § 4-301 of this title) because
former Art. 31B, § 8(a) (revised in § 4-301(a)(1)(v) of this title) simply
referred back to eligibility criteria established by the Secretary under
former Art. 31B, § 4A(c) (revised in § 4-208(b) of this title).

Defined terms: "Institution" § 4-101
"Secretary" § 1-101

(F) EVALUATION TEAM.

"EVALUATION TEAM" MEANS A TEAM OF AT LEAST THREE PROFESSIONAL
EMPLOYEES OF THE INSTITUTION, ONE OF WHOM SHALL BE A SOCIAL WORKER, ONE
OF WHOM SHALL BE A PSYCHOLOGIST, AND ONE OF WHOM SHALL BE A
PSYCHIATRIST.

REVISOR'S NOTE: This subsection formerly was Art. 31B, § 1(g).

The only changes are in style.
Defined term: "Institution" § 4-101

(G) INSTITUTION.

"INSTITUTION" MEANS THE PATUXENT INSTITUTION.
REVISOR'S NOTE: This subsection formerly was Art. 31B, § 1(h).
No changes are made.

(H) REMEDIATION.