508

LAWS OF MARYLAND

Ch. 21

In subsection (d)(2) of this section, the
reference to returning the individual for
"termination of the commitment" is substituted
for the reference to "further action pursuant to
this article", for clarity.

Defined term: "Administration" § 9-101

9-650. DISCHARGE ON REHABILITATION.

(A)  IN GENERAL.

SUBJECT TO THE LIMITATIONS OF THIS SECTION, THE
ADMINISTRATION SHALL DISCHARGE AS REHABILITATED AN
INDIVIDUAL WHO HAS BEEN COMMITTED TO THE ADMINISTRATION IF
THE ADMINISTRATION BELIEVES THAT THE INDIVIDUAL:

(1)  SUBSTANTIALLY HAS REFRAINED FROM THE USE OF
UNAUTHORIZED DRUGS;

(2)  WHILE AN OUTPATIENT, HAS COMPLIED WITH THE
RULES AND REGULATIONS OF THE TREATMENT AGENCY FOR AT LEAST 2
CONSECUTIVE YEARS; AND

(3)  OTHERWISE HAS COMPLIED WITH THE CONDITIONS
OF RELEASE.

(B)  CERTIFICATE OF DISCHARGE.

AT LEAST 10 DAYS BEFORE THE DISCHARGE OF AN INDIVIDUAL
AS REHABILITATED, THE ADMINISTRATION SHALL FILE A
CERTIFICATE OF DISCHARGE WITH THE COURT THAT ORDERED
COMMITMENT.

(C)  LIMITS ON DISCHARGE.

(1)  THE ADMINISTRATION:

(I)  MAY NOT DISCHARGE WITHIN THE FIRST 2
YEARS OF COMMITMENT ANY INDIVIDUAL WHO HAS BEEN COMMITTED
UNDER PART IV OR V OF THIS SUBTITLE; AND

(II)  ON OR BEFORE THE EFFECTIVE DATE OF
DISCHARGE, SHALL RETURN THE INDIVIDUAL TO THE COURT THAT
ORDERED COMMITMENT.

(2)  ON RETURN OF THE INDIVIDUAL, THE COURT SHALL
ORDER, AS APPROPRIATE:

(I)  THE TERMINATION OF THE PENDING
CRIMINAL PROCEEDING WITHOUT IMPOSITION OF SENTENCE; OR

(II)  THE UNCONDITIONAL SUSPENSION OF THE
UNEXPIRED SENTENCE.