HARRY HUGHES, Governor

2009

places the person on probation, it shall require, AS A CONDITION
OF THE SUSPENSION OF SENTENCE, THAT the person [to] participate
in an alcohol treatment or education program approved by the
[Administrative Office of the Courts as a condition of the
suspension of sentence] DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
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.

641.

(a) (1) (i) 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 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 § 21-902(a) or (b)
of the Transportation Article, the court shall impose a period of
probation and, as a condition [thereof] OF THE PROBATION, require
the person to participate in an alcohol treatment or education
program approved by the [Administrative Office of the Courts as a
condition of the probation] DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, 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.

Article - Courts and Judicial Proceedings

13-101.

(E) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL:

(1)  KEEP A CURRENT LIST OF ALCOHOLISM EDUCATION OR
TREATMENT PROGRAMS THAT THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE APPROVES FOR USE UNDER ARTICLE 27, § 639(B) OR §
641(A)(1)(II) OF THE CODE; AND

(2)  NOTIFY PROMPTLY THE APPROPRIATE JUDGES WHENEVER
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE APPROVES A NEW
ALCOHOLISM EDUCATION OR TREATMENT PROGRAM OR WITHDRAWS APPROVAL
FOR A PROGRAM.