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RULE 16-207. PROBLEM SOLVING COURT PROGRAMS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 200. General Provisions--Circuit and District Courts
MD Rules, Rule 16-207
RULE 16-207. PROBLEM SOLVING COURT PROGRAMS
(a) Definition.
(1) Generally. Except as provided in subsection (a)(2) of this Rule, “problem-solving court program” means a specialized court docket or program that addresses matters under a court's jurisdiction through a multi-disciplinary and integrated approach incorporating collaboration by the court with other governmental entities, community organizations, and parties.
(2) Exceptions.
(A) The mere fact that a court may receive evidence or reports from an educational, health, rehabilitation, or social service agency or may refer a person before the court to such an agency as a condition of probation or other dispositional option does not make the proceeding a problem-solving court program.
(B) Juvenile court truancy programs specifically authorized by statute do not constitute problem-solving court programs within the meaning of this Rule.
(b) Applicability. This Rule applies in its entirety to problem-solving court programs submitted for approval on or after July 1, 2019. Sections (a), (e), (f), and (g) of this Rule apply also to problem-solving court programs in existence on July 1, 2019.
(c) Submission of Plan. After initial consultation with the Office of Problem-Solving Courts and any officials whose participation in the programs will be required, the County Administrative Judge of a circuit court or a District Administrative Judge of the District Court may prepare and submit to the Office of Problem-Solving Courts a detailed plan for a problem-solving court program in a form approved by the State Court Administrator.
Committee note: Examples of officials to be consulted, depending on the nature of the proposed program, include individuals in the Office of the State's Attorney, Office of the Public Defender; Department of Juvenile Services; health, addiction, and education agencies; the Division of Parole and Probation; and the Department of Human Services.
(d) Approval of Plan. After review of the plan and consultation with such other judicial entities as the State Court Administrator may direct, the Office of Problem-Solving Courts shall submit the plan, together with any comments and a recommendation, to the State Court Administrator. The State Court Administrator shall review the materials and make a recommendation to the Chief Judge of the Court of Appeals. The program shall not be implemented until it is approved by order of the Chief Judge of the Court of Appeals.
(e) Acceptance of Participant into Program.
(1) Written Agreement Required. As a condition of acceptance into a program and after the advice of an attorney, if any, a prospective participant shall execute a written agreement that sets forth:
(A) the requirements of the program;
(B) the protocols of the program, including protocols concerning the authority of the judge to initiate, permit, and consider ex parte communications pursuant to Rule 18-102.9 of the Maryland Code of Judicial Conduct;
(C) the range of sanctions that may be imposed while the participant is in the program, if any; and
(D) any rights waived by the participant, including rights under Rule 4-215 or Code, Courts Article, § 3-8A-20.
Committee note: The written agreement shall be in addition to any advisements that are required under Rule 4-215 or Code, Courts Article, § 3-8A-20, if applicable.
(2) Examination on the Record. The court may not accept the prospective participant into the program until, after examining the prospective participant on the record, the court determines and announces on the record that the prospective participant understands the agreement and knowingly and voluntarily enters into the agreement.
(3) Agreement to be Made Part of the Record. A copy of the agreement shall be made part of the record.
(f) Immediate Sanctions; Loss of Liberty or Termination from Program. If permitted by the program and in accordance with the protocols of the program, the court, for good cause, may impose an immediate sanction on a participant, except that if the participant is considered for the imposition of a sanction involving the loss of liberty or termination from the program, the participant shall be afforded notice, an opportunity to be heard, and the right to be represented by an attorney before the court makes its decision. If a hearing is required by section (f) of this Rule and the participant is not represented by an attorney, the court shall comply with Rule 4-215 in a criminal action or Code, Courts Article, § 3-8A-20 in a delinquency action before holding the hearing.
Committee note: In considering whether a judge should be disqualified pursuant to Rule 18-102.11 of the Maryland Code of Judicial Conduct from post-termination proceedings involving a participant who has been terminated from a problem-solving court program, the judge should be sensitive to any exposure to ex parte communications or inadmissible information that the judge may have received while the participant was in the program.
(g) Credit for Incarceration Time Served. If a participant is terminated from a program, any period of time during which the participant was incarcerated as a sanction during participation in the program shall be credited against any sentence imposed or directed to be executed in the action.
(h) Continued Program Operation.
(1) Monitoring. Each problem-solving court program shall provide the Office of Problem-Solving Courts with the information requested by that Office regarding the program.
(2) Report and Recommendation.
(A) The Office of Problem-Solving Courts shall submit to the Chief Judge of the Court of Appeals, through the State Court Administrator, annual reports and recommendations as to the status and operations of the various problem-solving court programs. The Office of Problem-Solving Courts shall provide to the Chief Judge of the District Court a copy of each report and recommendation that pertains to a problem-solving court program in the District Court.
(B) The Chief Judge of the Court of Appeals may require information regarding the status and operation of a problem-solving court program and may direct that a program be altered or terminated.
Source: This Rule is derived from former Rule 16-206 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017; May 15, 2019, eff. July 1, 2019.]
MD Rules, Rule 16-207, MD R CTS J AND ATTYS Rule 16-207
Current with amendments received through September 30, 2021. Some sections may be more current, see credits for details.
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