LAWS OF MARYLAND

Article 27 - Crimes and Punishments

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:

1.   [shall] SHALL impose a period of
probation and, as a condition of the probation, require the
person to participate in an alcohol treatment or education
program approved by the 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; AND

2.  MAY, AS A CONDITION OF PROBATION,
PROHIBIT THE PERSON FROM OPERATING A MOTOR VEHICLE UNLESS THE
MOTOR VEHICLE IS EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM
PURSUANT TO UNDER § 27-107 OF THE TRANSPORTATION ARTICLE.

(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) Notwithstanding paragraph (1) of this subsection,
a court may not stay the entering of judgment and place a person
on probation for a second or subsequent violation of § 21-902(a)
or (b) of the Transportation Article if the second or subsequent
violation occurred within 5 years of the previous violation. A
person is in violation of § 21-902(a) or (b) if that person
receives probation under this section.

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Ch. 252