1016 LAWS OF MARYLAND [CH. 578
19.
(1) The justices of the peace in and for Baltimore, Calvert,
Charles, Montgomery, Prince George's, Harford, Carroll, Kent and
Queen Anne's counties, and the judges of the Peoples Court in
Howard County in any case within their jurisdiction, shall have
power, before conviction of any person accused of crime, with the
written consent of the person so accused, and after conviction or
after plea of guilty or of nolo contendere, without such consent, to:
(a) Suspend that imposition of sentence; (b) place such person on
probation before commitment; (c) and in all such cases above named
to make such written conditions of suspension of sentence and proba-
tion as said justices of the peace may deem proper; and (d) upon
determining that such person has violated any such condition, to
strike out the suspension of sentence and to impose such sentence as
may be authorized by law and to revoke such probation. The pro-
visions of this section shall also apply to St. Mary's County and
Cecil County. Provided, however, in Kent, Carroll, Calvert, Harford,
Howard, St. Mary's, Cecil and Queen Anne's counties any person
placed on probation shall be under the supervision of the State De-
partment of Parole and Probation.
(2) Said justices of the peace, or judges, at any time during the
period hereinafter set out, and after notice to the probationer or
person accused, and after full opportunity to him to be heard either
in person or by counsel, may alter, enlarge, modify or change any
one or more of such conditions, and may add other conditions of
suspension of sentence or probation—all however, to be subject to
the limitations hereinafter set forth.
(3) Said justices of the peace or judges shall have power to fix
the period of probation and suspension of sentence, which period
shall not in any event exceed two years from the date of such sus-
pension of sentence or probation. Said justices of the peace, or
judges , from time to time, may continue to extend the period of
probation and suspension of sentence first fixed, until the conditions
originally or thereafter prescribed by said justices of the peace shall
have been fulfilled, but the length of the entire period shall in no
event exceed the maximum time herein prescribed.
(4) Said justices of the peace or judges at any time may end
such period of probation, or during such period, or written charges
preferred under oath, or violation of any condition of probation, may
issue a warrant or notice requiring the probationer or person accused
to be brought or to appear before the justice of the peace or judge
issuing said warrant or notice, to answer such charges of violation
of conditions of probation or suspension of sentence, and to fix a
date for the hearing of such charge or violation of said conditions.
Pending the hearing or determination of such charge, the probationer
or person accused may be sent to jail by said justice of the peace
or judge, or may be by him released, with or without bail, as said
justice of the peace or judge may determine. If at such hearing the
person accused be found by said justice of the peace or judge to have
violated any of the terms of said conditions of probation, said justice
of the peace or judge may revoke the probation granted or suspension
of sentence, and may impose any sentence, to take effect from its
date, which he might have originally imposed for the crime of which
said probationer or person accused was either convicted or to which
|
|