§ 6-229. Nolle prosequi or stet with the requirement of drug or alcohol treatment
West's Annotated Code of MarylandCriminal ProcedureEffective: July 1, 2014
Effective: July 1, 2014
MD Code, Criminal Procedure, § 6-229
§ 6-229. Nolle prosequi or stet with the requirement of drug or alcohol treatment
(a) This section does not apply to a person:
(b) Except as otherwise provided in this section:
(c)(1) The State's Attorney, on request of the defendant or on the State's Attorney's own motion, may make an offer to a defendant that if the defendant qualifies for drug or alcohol treatment the State's Attorney shall dismiss the charge by entering a nolle prosequi with the requirement of drug or alcohol treatment or move that the court indefinitely postpone trial of the charge by marking the charge stet with the requirement of drug or alcohol abuse treatment on the docket.
(2) In order to qualify for a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, a defendant shall be evaluated for drug or alcohol abuse by the Maryland Department of Health, a designee of the Department, or a private provider licensed to provide substance use disorder treatment under regulations of the Maryland Department of Health and the evaluation shall determine whether the defendant is amenable to treatment and, if so, recommend an appropriate treatment program.
(i) the defendant shall sign a consent to the disclosure of such treatment information as may be necessary to allow the disclosure of the disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment to criminal justice units; and
(ii) on successful completion of drug or alcohol treatment, the State's Attorney shall dismiss the charge by entering a nolle prosequi with the requirement of drug or alcohol treatment or move that the court indefinitely postpone trial of the charge by marking the charge stet with the requirement of drug or alcohol abuse treatment on the docket.
(d)(1)(i) A defendant who has received a disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment may not receive a disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment for charges against the defendant arising from a separate incident that are not resolved in the same proceeding.
(ii) This paragraph may not be construed to prohibit the State's Attorney or the court from entering any other appropriate disposition in a proceeding, including a disposition of nolle prosequi or stet in accordance with the Maryland Rules, provided that the disposition is not nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment.
(e)(1) In addition to any other fees, fines, or costs, unless the court makes a finding on the record that a defendant is unable by reason of indigency to pay the costs, a person who receives a disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment shall pay to the court an administrative fee of $150.
Credits
Added by Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004. Amended by Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2014, c. 460, § 1, eff. July 1, 2014; Acts 2017, c. 62, § 6.
MD Code, Criminal Procedure, § 6-229, MD CRIM PROC § 6-229
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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