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<section article="ghg" article_name="Health - General" number="8-507" title_number="8" title_name="Substance Use Disorders Law" subtitle_number="5">
  <level label="a">
    <level label="1">
      <text>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:</text>
    </level>
    <level label="i">
      <text>The defendant did not timely file a motion for reconsideration under Maryland Rule 4–345; or</text>
    </level>
    <level label="ii">
      <text>The defendant timely filed a motion for reconsideration under Maryland Rule 4–345 which was denied by the court.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Before a court commits a defendant to the Department under this section, the court shall:</text>
    <level label="1">
      <text>Offer the defendant the opportunity to receive treatment;</text>
    </level>
    <level label="2">
      <text>Obtain the written consent of the defendant:</text>
      <level label="i">
        <text>To receive treatment; and</text>
      </level>
      <level label="ii">
        <text>To have information reported back to the court;</text>
      </level>
    </level>
    <level label="3">
      <text>Order an evaluation of the defendant under § 8–505 or § 8–506 of this subtitle;</text>
    </level>
    <level label="4">
      <text>Consider the report on the defendant’s evaluation; and</text>
    </level>
    <level label="5">
      <text>Find that the treatment that the Department recommends to be appropriate and necessary.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>The Department shall provide the services required by this section.</text>
    </level>
    <level label="2">
      <text>A designee of the Department may carry out any of the Department’s duties under this section.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A court may not order that the defendant be delivered for treatment until:</text>
      <level label="i">
        <text>Any detainer based on an untried indictment, information, warrant, or complaint for the defendant has been removed; and</text>
      </level>
      <level label="ii">
        <text>Any sentence of incarceration for the defendant is no longer in effect.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <text>For a defendant committed for treatment under this section, a court shall order supervision of the defendant:</text>
    <level label="1">
      <text>By an appropriate pretrial release agency, if the defendant is released pending trial;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>By the Department, if the defendant remains in the custody of a local correctional facility.</text>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>A commitment under this section shall be for at least 72 hours and not more than 1 year.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>Continued treatment is not in the best interest of the defendant; or</text>
      </level>
      <level label="ii">
        <text>The defendant is no longer amenable to treatment.</text>
      </level>
    </level>
  </level>
  <level label="k">
    <text>When a defendant is to be released from treatment under this section, the Department shall notify the court that ordered the treatment.</text>
  </level>
  <level label="l">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Notice under this subsection shall constitute probable cause for a court to issue a warrant for the arrest of a defendant.</text>
    </level>
  </level>
  <level label="m">
    <text>Nothing in this section imposes any obligation on the Department:</text>
    <level label="1">
      <text>To treat any defendant who knowingly and willfully declines to consent to further treatment; or</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="n">
    <text>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.</text>
  </level>
  <level label="o">
    <text>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.</text>
  </level>
</section>
