1706

LAWS OF MARYLAND

Ch. 346

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 PAY A FINE
OR PECUNIARY PENALTY TO THE STATE, OR to make restitution,
but before the court orders A FINE, PECUNIARY PENALTY, OR
restitution the person is entitled to 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.

(II)  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.

(III)  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) 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.

(c)  Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person from
probation. The discharge is final disposition of the
matter. Discharge of a person under this section shall be
without judgment of conviction and is not a conviction for
purposes of any disqualification or disability imposed by
law because of conviction of crime.