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§ 6-222. Suspension of sentence or extension of probation in order to make restitution or recei...

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 6. Trial and Sentencing (Refs & Annos)
Subtitle 2. Sentencing (Refs & Annos)
Part II. Sentencing Procedures
Effective: October 1, 2017
MD Code, Criminal Procedure, § 6-222
§ 6-222. Suspension of sentence or extension of probation in order to make restitution or receive treatment
Currentness
Suspension of sentence or extension of probation
(a) A circuit court or the District Court may:
(1) impose a sentence for a specified time and provide that a lesser time be served in confinement;
(2) suspend the remainder of the sentence; and
(3)(i) order probation for a time longer than the sentence but, subject to subsections (b) and (c) of this section, not longer than:
1. 5 years if the probation is ordered by a circuit court; or
2. 3 years if the probation is ordered by the District Court; or
(ii) if a defendant convicted of sexual abuse of a minor under § 3-602 of the Criminal Law Article, a crime involving a minor under § 3-303, § 3-304, or § 3-307 of the Criminal Law Article, or a crime involving a minor under § 3-305 or § 3-306 of the Criminal Law Article as the sections existed before October 1, 2017, consents in writing, order probation for a time longer than the sentence that was imposed on the defendant, but not longer than:
1. 10 years if the probation is ordered by a circuit court; or
2. 6 years if the probation is ordered by the District Court.
Extension of probation to make restitution
(b)(1) For the purpose of making restitution, the court may extend the probation beyond the time allowed under subsection (a)(3)(i) of this section for:
(i) an additional 5 years if the probation is ordered by a circuit court; or
(ii) an additional 3 years if the probation is ordered by the District Court.
(2) An extension of probation under this subsection may be unsupervised or supervised by the Division of Parole and Probation.
Consent for extension of probation to make restitution
(c) The court may extend the probation beyond the time allowed under subsection (b) of this section if:
(1) the defendant consents in writing; and
(2) the extension is only for making restitution.
Extension of probation for treatment
(d)(1) For the purpose of a commitment to the Maryland Department of Health for treatment under § 8-507 of the Health--General Article, the court may extend the probation for 1 year beyond the time allowed under subsection (a)(3)(i) of this section.
(2) An extension of probation under this subsection shall be supervised by the Division of Parole and Probation.
Consent for extension of probation for treatment
(e) The court may extend the probation beyond the time allowed under subsection (d) of this section only if:
(1) the defendant consents in writing; and
(2) the extension is only for a commitment to the Maryland Department of Health for treatment under § 8-507 of the Health--General Article.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2003, c. 287, § 1, eff. Oct. 1, 2003; Acts 2005, c. 458, § 1, eff. Oct. 1, 2005; Acts 2009, c. 720, § 1, eff. Oct. 1, 2009; Acts 2017, c. 62, § 6; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, §§ 641A, 643A.
MD Code, Criminal Procedure, § 6-222, MD CRIM PROC § 6-222
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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