§ 8-507. Commitment of defendant for treatment
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Health - General, § 8-507
§ 8-507. Commitment of defendant for treatment
(a)(1) Except as provided in paragraph (2) of this subsection and subject to the limitations in this section, a court that finds in a criminal case or during a term of probation that a defendant has an alcohol or drug dependency may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to participate in treatment, to the Department for treatment that the Department recommends, even if:
(ii) Nothing in this paragraph may be construed to prohibit a defendant who is serving a sentence for a crime of violence, as defined in § 14-101 of the Criminal Law Article, from participating in any other treatment program or receiving treatment under the supervision of the Department under any other provision of law.
(b) Before a court commits a defendant to the Department under this section, the court shall:
(c) Immediately on receiving an order for treatment under this section, the Department shall order a report of all pending cases, warrants, and detainers for the defendant and forward a copy of the report to the court, the defendant, and the defendant's last attorney of record.
(d)(1) The Department shall provide the services required by this section.
(e)(1) A court may not order that the defendant be delivered for treatment until:
(f) For a defendant committed for treatment under this section, a court shall order supervision of the defendant:
(g) A court may order law enforcement officials, detention center staff, Department of Public Safety and Correctional Services staff, or sheriff's department staff within the appropriate local jurisdiction to transport a defendant to and from treatment under this section.
(h) The Department shall promptly report to a court a defendant's withdrawal of consent to treatment and have the defendant returned to the court within 7 days for further proceedings.
(i) A defendant who is committed for treatment under this section may question at any time the legality of the commitment by a petition for a writ of habeas corpus.
(j)(1) A commitment under this section shall be for at least 72 hours and not more than 1 year.
(k) When a defendant is to be released from treatment under this section, the Department shall notify the court that ordered the treatment.
(l)(1) If a defendant leaves treatment without authorization, the responsibility of the Department is limited to the notification of the court that ordered the defendant's treatment as soon as it is reasonably possible.
(m) Nothing in this section imposes any obligation on the Department:
(n) Time during which a defendant is held under this section for inpatient evaluation or inpatient or residential treatment shall be credited against any sentence imposed by the court that ordered the evaluation or treatment.
Credits
Added by Acts 1989, c. 782, § 3, eff. Jan. 1, 1990. Amended by Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004; Acts 2006, c. 338, § 1, eff. Oct. 1, 2006; Acts 2009, c. 720, § 1, eff. Oct. 1, 2009; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2018, c. 143, § 1, eff. Oct. 1, 2018.
MD Code, Health - General, § 8-507, MD HEALTH GEN § 8-507
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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