J. MILLARD TAWES, GOVERNOR 155

706.

(a) When any person is convicted, before any circuit court of any
county, or the Criminal Court of Baltimore, of any crime, committed
on or after June 1, 1943, and punishable by any imprisonment what-
soever or by fine and imprisonment, (other than imprisonment in
default of fine), said court may, in its discretion, sentence such per-
son to imprisonment in jail or in the Maryland House of Correction
or in the Maryland Penitentiary. The term of such imprisonment
in any of said institutions shall be in the discretion of the court,
unless a maximum term of imprisonment is prescribed by law, in
which event the imprisonment imposed shall not exceed the maxi-
mum so fixed; provided, however, that no sentence to the peniten-
tiary or house of correction shall be for less than three months;
except that any sentence under Section 455 of this article may be
imposed in accordance with the provisions of said Section 455. When-
ever the Superintendent of Prisons shall determine that prison
discipline will be furthered by transferring from the Maryland
House of Correction to the Maryland Penitentiary, [or] the Mary-
land State Reformatory for Males or the Patuxent Institution, or
from any one of the [three] said institutions to the other, any person
sentenced to [either] any of said institutions for a crime committed
after October 1, 1916, and shall issue his warrant to the warden
and superintendent or wardens of said institution directing such
transfer, then the said sentence of the court shall operate to author-
ize such transfer by virtue hereof. The power of transfer con-
ferred upon the Superintendent of Prisons by this section shall au-
thorize the said Superintendent of Prisons to transfer any person
confined in any of said institutions to any other of said institutions
at any time the said Superintendent of Prisons may, in his discre-
tion, determine that such transfer will improve discipline or aid in
the safekeeping, treatment, training, employment or rehabilitation
of such person.

SEC. 3. And be it further enacted. That Sections 6 (b), 8 (a) and
11 of Article 31B of the said Code, title "Defective Delinquents",
sub-title "Defective Delinquents", be and they are hereby repealed
and re-enacted, with amendments, and new Section 11A be and it
is hereby added to said Article and sub-title of the Code, to follow
immediately after Section 11 thereof, and all to read as follows:

6.

(b) The request for such examination may be made by the State's
attorney or assistant State's attorney who prosecuted the person
for a crime or offense specified hereinabove in this section, or any
knowledge or suspicion of the presence of defective delinquency, in
the defendant in such case. The defendant himself, or his attorney
in his behalf, may make such a request of the court. Whenever a
request for examination comes from any such source the court
[shall] may order the person to be examined by the institution for
defective delinquents to ascertain if he or she is a defective delin-
quent. The court also may make such an order on its own initiative.
A copy of any order for examination shall be served upon the per-
son to be examined.

8.

(a) When required; before whom held; rights of defendant. —If
the institution for defective delinquents in its report on any indi-