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Session Laws, 1970
Volume 695, Page 1968   View pdf image
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1968                             Laws of Maryland                       Ch. 695

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)    Violation of conditions of suspension or probation—In
general.—Said justices of the peace or judges at any time may end
such period of probation, or during such period, [or] on written
charges preferred under oath, or violation of any condition of pro-
bation, 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 he pleaded guilty, or nolo con-
tendere; or if neither conviction nor plea of guilty or nolo contendere
was had, then the person accused may be tried on said charge.

(5)    Same—Determination of charge.—Any charge of violation of
the terms of probation or the suspension of sentence shall be heard
and determined by the justice of the peace or judge who originally
heard the matter and imposed the terms, notwithstanding in the
interim he may have been transferred to another station house, and
the probationer or person accused shall be sentenced by said justice
of the peace or judge; provided, however, that where the term of
office of the justice of the peace or judge to whom the matter was
originally heard has expired or where said justice of the peace or
judge has been removed from office, has died, resigned or has other-
wise become incapacitated, then his successor in the station house
where he was last assigned shall have full power and jurisdiction
to hear and determine the matter and to impose sentence as fully
and completely as if the case was originally brought before said
successor.

(6)    In Montgomery County, in addition to the above enumerated
powers, the judges of the People's Court shall be empowered in any
case to:

(i) Suspend sentence generally or for a definite time; or

(ii) Place persons charged on probation without finding a ver-
dict; and

(iii) In either case, make and revise such conditions of, and
terminate or enlarge the period of, suspension of sentence and proba-
tion as the court may deem proper. In no event shall the length of
the entire period of suspension of sentence or probation exceed three
(3) years from the date of such suspension of sentence or probation.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved May 21, 1970.

 

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Session Laws, 1970
Volume 695, Page 1968   View pdf image
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