RULE 4-346. PROBATION
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 4-346
RULE 4-346. PROBATION
(a) Manner of Imposing. When placing a defendant on probation, the court shall advise the defendant of the conditions and duration of probation and the possible consequences of a violation of any of the conditions. The court also shall file and furnish to the defendant a written order stating the conditions and duration of probation.
(b) Modification of Probation Order. During the period of probation, on motion of the defendant or of any person charged with supervising the defendant while on probation or on its own initiative, the court, after giving the defendant an opportunity to be heard, may modify, clarify, or terminate any condition of probation, change its duration, or impose additional conditions.
(c) Delivery or Transmittal to the Division of Parole and Probation. The clerk shall deliver or transmit a copy of any probation order, the details or a copy of any order or judgment of restitution, and the details or a copy of any request for victim notification to the Division of Parole and Probation.
Cross reference: For orders of probation or parole recommending that a defendant reside in or travel to another state as a condition of probation or parole, see the Interstate Compact for Adult Offender Supervision, Code, Correctional Services Article, § 6-201 et seq. For evaluation as to the need for drug or alcohol treatment before probation is ordered in cases involving operating a motor vehicle or vessel while under the influence of or impaired by drugs or alcohol, see Code, Criminal Procedure Article, § 6-220. For victim notification procedures, see Code, Criminal Procedure Article, § 11-104 (f). For procedures concerning compliance with restitution judgments, see Code, Criminal Procedure Article, § 11-607.
Source: This Rule is in part derived from former Rule 775 and M.D.R. 775 and in part new.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 22, 1989, eff. Jan. 1, 1990; Oct. 31, 2002, eff. Jan. 1, 2003; April 5, 2005, eff. July 1, 2005; Sept. 10, 2009, eff. Oct. 1, 2009; April 9, 2018, eff. July 1, 2018; Oct. 10, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 4-346, MD R CR Rule 4-346
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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