Ch. 410 LAWS OF MARYLAND

notice and a hearing to determine the amount of the fine, pecuniary penalty, or
restitution, what payment will be required, and how payment will be made. The terms
and conditions also may include any type of rehabilitation program or clinic, or similar
program, or the parks program or voluntary hospital program.

2. In Charles County, St. Mary's County, and Calvert County,
the court may impose a sentence of confinement as a condition of probation.

(ii) However, when the offense for which the judgment is being
stayed is for violation of any provision of § 21-902 of the Transportation Article, the
court:

1. Shall impose a period of probation and, as a condition of
the probation, require the person to participate in an alcohol treatment or education
program approved by the Department of Health and Mental Hygiene, unless the court
finds and affirmatively states on the record that the interests of the person and the
people of the State do not require the imposition of this condition; and

2. May, as a condition of probation, prohibit the person from

operating a motor vehicle unless the motor vehicle is equipped with an ignition
interlock system under § 27-107 of the Transportation Article.

(Ill) WHEN THE OFFENSE FOR WHICH THE JUDGMENT IS
BEING STAYED IS FOR A VIOLATION OF ANY PROVISION OF §§ 276
THROUGH 303 OF THIS ARTICLE, THE COURT SHALL REQUIRE THE
PERSON TO PARTICIPATE IN A DRUG TREATMENT OR EDUCATION
PROGRAM APPROVED BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, UNLESS THE COURT FINDS AND AFFIRMATIVELY STATES ON
THE RECORD THAT THE INTERESTS OF THE PERSON AND THE PEOPLE
OF THE STATE DO NOT REQUIRE THE IMPOSITION OF THIS CONDITION.

frit) (IV) Any fine or pecuniary penalty imposed as a term or
condition of probation shall be within the amount prescribed by law for a violation
resulting in conviction.

(2) Notwithstanding paragraph (1) of this subsection, a court may not stay
the entering of judgment and place a person on probation for a second or subsequent
violation of any provision of § 21-902 of the Transportation Article if the second or
subsequent violation occurred within 5 years of the previous violation. A person is in
violation of § 21-902 if that person receives probation under this section.

(3) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
A COURT MAY NOT STAY THE ENTERING OF JUDGMENT AND PLACE A
PERSON ON PROBATION FOR A SECOND OR SUBSEQUENT CONTROLLED
DANGEROUS SUBSTANCE OFFENSE AS DEFINED IN § 298 UNDER §§ 276
THROUGH 303 OF THIS ARTICLE.

[(3)] (4) By consenting to and receiving a stay of entering of the judgment
as provided by this subsection, the person waives the right to appeal from the judgment
of guilt by the court at any time. Prior to the person consenting to the stay of entering

- 1690 -