In cooperation with State and local police, the Administration may adopt regulations under which personnel other than the police are authorized to exercise the powers under this section whenever feasible so that the exercise of those powers by the police are reduced to a minimum. The police and other authorized personnel who act under this section are acting within the scope of their official duty. If a publicly intoxicated individual consents or an individual’s health is in immediate danger, the police or other authorized personnel may take or send a publicly intoxicated individual to: The individual’s home; A detoxification center; or Any other appropriate health care facility as defined in § 19-114(d) of this article. Unless a criminal charge is filed, an entry of an action under this section may not be made on the arrest or other criminal record of the intoxicated individual. An individual taken or sent to a detoxification center or a health care facility under subsection (b) of this section may be admitted to the facility with the consent of the director of the facility or the designee of the director.

After a preliminary evaluation of an individual by the administrator or the designee of the administrator, the individual may be admitted to the facility if it is certified in writing that the individual: Has acute symptoms of alcohol or drug intoxication or withdrawal; and Appears to be in imminent danger of harming one’s self, or another individual, or the property of another individual; or Is willing to be voluntarily admitted. An individual admitted under this section may be detained up to 72 hours after admission. An individual detained under this section shall be informed in writing at the time of admission of the right of the individual to leave the facility after 72 hours. This section does not require a facility to admit an individual when: Space is not available; A patient demonstrates medical and psychiatric conditions beyond the certified capabilities of the program staff; or As a result of an evaluation of an individual, the individual is determined to be an inappropriate admission to the facility.

A parent or guardian of the person of a minor may apply, on behalf of the minor, for admission of the minor to a certified inpatient alcohol and drug abuse program or facility or a certified intensive outpatient alcohol and drug abuse program under this section. A program or facility may not admit an individual under this section unless the program or facility has determined that: The individual has an alcohol or other drug dependency that necessitates the level of care provided by the program or facility; The individual would benefit from treatment; The parent or guardian making application for admission of the individual understands the nature of the request for admission and the nature of the treatment provided by the program or facility; and Assent to the admission has been given by the Director or the Director’s designee of the program or facility. In order for an individual to be retained for treatment under this section: The parent or guardian who applied for admission of the individual shall have the right to be actively involved in treatment; and The program or facility shall note on the application for admission whether or not the minor was admitted in accordance with the provisions of § 20–102(c–1) of this article. A program or facility has the right to discharge an individual admitted for treatment under this section if the individual is not complying with the treatment program or the facility’s policies and procedures.

If, after the police arrest an intoxicated individual for a criminal offense, the individual seems to require emergency medical treatment, the police immediately shall take the individual to a detoxification center or other appropriate health care facility as defined in § 19–114(d) of this article. If necessary, after medical treatment, the police shall transport the individual to a program that provides detoxification services. The individual may be admitted to a program that provides detoxification services in accordance with the provisions of § 8–501(d) of this subtitle.

In carrying out §§ 8-501, 8-502, and 8-503 of this subtitle, the police or other authorized personnel shall make every reasonable effort to protect the health and safety of the intoxicated individual.

Except as provided in paragraph (2) of this subsection, before or during a criminal trial, before or after sentencing, or before or during a term of probation, the court may order the Department to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and may benefit from treatment if: It appears to the court that the defendant has an alcohol or drug abuse problem; or The defendant alleges an alcohol or drug dependency. A court shall set and may change the conditions under which an examination is to be conducted under this section. The Department shall ensure that each evaluation under this section is conducted in accordance with regulations adopted by the Department. If a defendant is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, a court may not order the Department to evaluate a defendant under this section until the defendant is eligible for parole. 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. On consideration of the nature of the charge, the court: May require or permit an examination to be conducted on an outpatient basis; and If an outpatient examination is authorized, shall set bail for the defendant or authorize the release of the defendant on personal recognizance. If a defendant is to be held in custody for examination under this section: The defendant may be confined in a detention facility until the Department is able to conduct the examination; or The court may order confinement of the defendant in a medical wing or other isolated and secure unit of a detention facility, if the court finds it appropriate for the health or safety of the defendant. If the court finds that, because of the apparent severity of the alcohol or drug dependency or other medical or psychiatric complications, a defendant in custody would be endangered by confinement in a jail, the court may order the Department to either: Place the defendant, pending examination, in an appropriate health care facility; or Immediately conduct an evaluation of the defendant. Unless the Department retains a defendant, the defendant shall be promptly returned to the court after an examination. A defendant who is detained for an examination under this section may question at any time the legality of the detention by a petition for a writ of habeas corpus. If a court orders an evaluation under this section, the evaluator shall: Conduct an evaluation of the defendant; and Submit a complete report of the evaluation within 7 days to the: Court; Department; and Defendant or the defendant’s attorney. On good cause shown, a court may extend the time for an evaluation under this section. Whenever an evaluator recommends treatment, the evaluator’s report shall: Name a specific program able to immediately provide the recommended treatment; and Give an actual or estimated date when the program can begin treatment of the defendant. The Department shall immediately provide the services required by this section. A designee of the Department may carry out any of its duties under this section. Evaluations performed in facilities operated by the Department of Public Safety and Correctional Services shall be conducted by the Administration.

Subject to the eligibility restrictions under § 8–505(a) of this subtitle, a court may commit a defendant to the Department for inpatient evaluation as to drug or alcohol abuse if: The court finds it is not clinically appropriate for the defendant to be evaluated in a detention facility or an appropriate outpatient facility; and After an initial evaluation, the Department: Recommends a comprehensive inpatient evaluation of the defendant; Certifies that an appropriate facility is either currently, or within a reasonable time will be able to, conduct the evaluation; Provides to the court a date by which the evaluation can be conducted; and Gives the court prompt notice when an evaluation can be conducted. The Department shall provide the services required by this section. A designee of the Department may carry out any of the Department’s duties under this section if appropriate funding is provided. The Department shall facilitate the prompt evaluation of a defendant under this section and ensure that each evaluation is conducted in accordance with regulations adopted by the Department. 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 the defendant to and from an evaluation facility. A commitment under this section may not require evaluation for more than 7 days unless the medical condition of a defendant warrants an extension of a maximum of 14 days. Except during the first 72 hours after admission of a defendant to an evaluation facility, the Department may terminate the evaluation if the Department determines that continued evaluation: Is not in the best interest of the defendant; or Does not serve any useful purpose. Whenever an evaluation recommends treatment, the evaluator’s report shall: Name a specific program able to provide the recommended treatment; and Give an actual or estimated date when the program can begin treatment of the defendant. On completion of an evaluation under this section, the Department shall notify the court. Before a defendant is released from an evaluation facility under this section, the Department shall give the court that ordered the evaluation and the correctional facility, if any, to whose custody the defendant is to be released notice of the proposed date and time of release and have the defendant returned to the court as provided in the evaluation order. If a defendant leaves an evaluation facility without authorization, the responsibility of the Department is limited to notification of the court that ordered the defendant’s evaluation, as soon as it is reasonably possible. Notice under this subsection shall constitute probable cause for a court to issue a warrant for the arrest of a defendant.

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: The defendant did not timely file a motion for reconsideration under Maryland Rule 4–345; or The defendant timely filed a motion for reconsideration under Maryland Rule 4–345 which was denied by the court. If a defendant is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, a court may not order the Department to treat a defendant under this section until the defendant is eligible for parole. 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. Before a court commits a defendant to the Department under this section, the court shall: Offer the defendant the opportunity to receive treatment; Obtain the written consent of the defendant: To receive treatment; and To have information reported back to the court; Order an evaluation of the defendant under § 8–505 or § 8–506 of this subtitle; Consider the report on the defendant’s evaluation; and Find that the treatment that the Department recommends to be appropriate and necessary. 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. The Department shall provide the services required by this section. A designee of the Department may carry out any of the Department’s duties under this section. A court may not order that the defendant be delivered for treatment until: Any detainer based on an untried indictment, information, warrant, or complaint for the defendant has been removed; and Any sentence of incarceration for the defendant is no longer in effect. The Department shall facilitate the immediate treatment of a defendant unless the court finds exigent circumstances to delay commitment for treatment for longer than 30 days. If a defendant who has been committed for treatment under this section is not placed in treatment within 21 days of the order, the court may order the Department to appear to explain the reason for the lack of placement. For a defendant committed for treatment under this section, a court shall order supervision of the defendant: By an appropriate pretrial release agency, if the defendant is released pending trial; By the Division of Parole and Probation under appropriate conditions in accordance with §§ 6–219 through 6–225 of the Criminal Procedure Article and Maryland Rule 4–345, if the defendant is released on probation; or By the Department, if the defendant remains in the custody of a local correctional facility. 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. 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. 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. A commitment under this section shall be for at least 72 hours and not more than 1 year. On good cause shown by the Department, the court, or the State, the court may extend the time period for providing the necessary treatment services in increments of 6 months. Except during the first 72 hours after admission of a defendant to a treatment program, the Department may terminate the treatment if the Department determines that: Continued treatment is not in the best interest of the defendant; or The defendant is no longer amenable to treatment. When a defendant is to be released from treatment under this section, the Department shall notify the court that ordered the treatment. 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. Notice under this subsection shall constitute probable cause for a court to issue a warrant for the arrest of a defendant. Nothing in this section imposes any obligation on the Department: To treat any defendant who knowingly and willfully declines to consent to further treatment; or In reporting to the court under this section, to include an assessment of a defendant’s dangerousness to one’s self, to another individual, or to the property of another individual by virtue of a drug or alcohol problem. 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. This section may not be construed to limit a court’s authority to order drug treatment in lieu of incarceration under Title 5 of the Criminal Law Article.

An individual may ask voluntarily for admission to an outpatient treatment program, whether or not the individual has been admitted to the program before. After an individual asks for admission to an outpatient treatment program, the administrative head of the program shall determine whether the individual is to be admitted. However, the administrative head may not deny readmission of an individual solely because the individual previously left the program against the advice of the administrative head. An outpatient treatment program shall use public and private community efforts, including welfare services, vocational rehabilitation, and job replacement, to integrate a chronic alcoholic into society as a productive citizen. A chronic alcoholic may not be dropped from an outpatient treatment program solely because of a relapse into intoxication. Every reasonable method of treatment shall be used to prevent a relapse. If recovery of the chronic alcoholic is unlikely, the outpatient treatment program shall provide supportive services and residential facilities so that the individual may survive in a decent manner.

The Administration shall promote the admission and treatment of intoxicated individuals and alcoholics in private and public hospitals without discrimination.