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ROBERT L. EHRLICH, JR., Governor Ch. 338
(1) The defendant did not timely file a motion for reconsideration under
Maryland Rule 4-345; or
(2) The defendant timely filed a motion for reconsideration under
Maryland Rule 4-345 which was denied by the court.
[(c)] (B) Before a court commits a defendant to the Department under this
section, the court shall:
(1) Offer the defendant the opportunity to receive treatment;
(2) Obtain the written consent of the defendant:
(i) To receive treatment; and
(ii) To have information reported back to the court;
(3) Order an evaluation of the defendant under § 8-505 or § 8-506 of this
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subtitle;
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(4) Consider the report on the defendant's evaluation; and
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(5) Find that the treatment that the Department recommends to be
appropriate and necessary.
(C) IMMEDIATELY ON RECEIVING AN ORDER FOR TREATMENT UNDER THIS
SECTION, THE DEPARTMENT SHALL ORDER A REPORT OF ALL PENDING CASES,
WARRANTS, AND DETAINERS FOR THE DEFENDANT AND FORWARD A COPY OF THE
REPORT TO THE COURT, THE DEFENDANT, AND THE DEFENDANT'S LAST ATTORNEY
OF RECORD.
(d) (1) The Department shall provide the services required by this section.
(2) A designee of the Department may carry out any of the Department's
duties under this section if appropriate funding is provided.
(e) (1) A court may not order that the defendant be delivered for treatment
until:
(I) [the] THE Department gives the court notice that an
appropriate treatment program is able to begin treatment of the defendant;
(II) ANY DETAINER BASED ON AN UNTRIED INDICTMENT,
INFORMATION, WARRANT, OR COMPLAINT FOR THE DEFENDANT HAS BEEN
REMOVED; AND
(III) ANY SENTENCE OF INCARCERATION FOR THE DEFENDANT IS
NO LONGER IN EFFECT.
(2) The Department shall facilitate the prompt treatment of a defendant.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2006.
Approved May 2, 2006.
- 1805 -
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