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ROBERT L. EHRLICH, JR., Governor
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S.B. 591
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(2005 Replacement Volume and 2005 Supplement)
BY repealing and reenacting, with amendments,
Article — Health — General
Section 8-507(b), (c), and (e)
Annotated Code of Maryland
(2005 Replacement Volume and 2005 Supplement)
BY adding to
Article - Health - General
Section 8-507(c)
Annotated Code of Maryland
(2005 Replacement Volume and 2005 Supplement)
BY repealing and reenacting, without amendments,
Article - Health - General
Section 8-507(d)
Annotated Code of Maryland
(2005 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
8-507.
[(a) This section applies only to a defendant for whom:
(1) No sentence of incarceration is currently in effect; and
(2) No detainer is currently lodged.]
[(b)] (A) Subject to the limitations in this section, a court that finds in a
criminal case that a defendant has an alcohol or drug dependency may commit the
defendant as a condition of release, after conviction, or at any other time the
defendant voluntarily agrees to participate in treatment, to the Department for
treatment that the Department recommends, even if:
(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:
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