HARRY HUGHES, Governor

2503

such sentences as may be provided by law with respect to the
offense upon which an accused has been convicted and cause
the convict to serve such sentence by attendance at the
county detention center or place of confinement under the
jurisdiction of the sheriff, where the sentence is to be
performed during any 48-hour period, in any seven-day
period, with each period of confinement to constitute not
less than two days of the sentence imposed; provided however
the offense leading to such conviction shall permit
confinement in the county detention center and the total
sentence imposed by the judge shall not exceed 30 two-day
periods of confinement.

641.

(a)  (1) Whenever a person accused of a crime pleads
guilty or nolo contendere or is found guilty of an offense,
a court exercising criminal jurisdiction, if satisfied that
the best interests of the person and the welfare of the
people of the State would be served thereby, and with the
written consent of the person after determination of guilt
or acceptance of a nolo contendere plea, may stay the
entering of judgment, defer further proceedings, and place
the person on probation subject to reasonable terms and
conditions as appropriate. The terms and conditions may
include ordering the person to make restitution, but before
the court orders restitution the person is entitled to
notice and a hearing to determine the amount of 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, [including but not limited
to the driving while intoxicated school,] or similar
program, or the parks program or voluntary hospital program.

HOWEVER, WHEN THE OFFENSE FOR WHICH THE JUDGMENT IS
BEING STAYED IS FOR VIOLATION OF SECTION 21-902(A) OR
21-902(B) OF THE TRANSPORTATION ARTICLE, THE COURT SHALL
IMPOSE A PERIOD OF PROBATION AND AS A CONDITION THEREOF
REQUIRE THE PERSON TO PARTICIPATE IN AN ALCOHOL TREATMENT OR
EDUCATION PROGRAM APPROVED BY THE ADMINISTRATIVE OFFICE OF
THE COURT AS A CONDITION OF THE PROBATION, 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.

(2) 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 of the judgment, the court shall notify
the person that by consenting to and receiving a stay of
entry of judgment, he waives the right to appeal from the
judgment of guilt by the court at any time.

(b)  Upon violation of a term or condition of
probation, the court may enter judgment and proceed with
disposition of the person as if the person had not been
placed on probation.