Ch. 782

LAWS OF MARYLAND

(B) (1) IF NECESSARY, AFTER MEDICAL TREATMENT, THE POLICE
SHALL TRANSPORT THE INDIVIDUAL TO A DETOXIFICATION FACILITY.

(2) THE INDIVIDUAL MAY BE ADMITTED TO THE
DETOXIFICATION FACILITY IN ACCORDANCE WITH THE PROVISIONS OF §
8-501(D) OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 8-504
through 8-507; Subtitle 6 in its entirety; and the subtitle
"Subtitle 7. Voluntary Admissions for Drug Abusers" of Article
Health - General of the Annotated Code of Maryland be repealed.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article - Health - General

[8-503.] 8-504.

In carrying out §§   8-501 [and], 8-502, AND 8-503 of this

subtitle, the police    OR OTHER AUTHORIZED PERSONNEL shall make

every reasonable effort   to protect the health and safety of the
intoxicated individual.

8-505.

(A)  (1) BEFORE OR DURING A CRIMINAL TRIAL OR PRIOR TO
SENTENCING, THE COURT MAY ORDER THE DEPARTMENT TO EVALUATE A
DEFENDANT TO DETERMINE WHETHER, BY REASON OF DRUG OR ALCOHOL
ABUSE, THE DEFENDANT IS IN NEED OF AND MAY BENEFIT FROM TREATMENT

IF:

(I)  IT APPEARS TO THE COURT THAT THE DEFENDANT
HAS AN ALCOHOL OR DRUG ABUSE PROBLEM; OR

(II)  THE DEFENDANT ALLEGES AN ALCOHOL OR DRUG
DEPENDENCY.

(2) THE COURT SHALL SET AND MAY CHANGE THE CONDITIONS
UNDER WHICH THE EXAMINATION IS TO BE CONDUCTED.

(B)  EXCEPT IN A CAPITAL CASE, ON CONSIDERATION OF THE
NATURE OF THE CHARGE, THE COURT:

(1)  MAY REQUIRE OR PERMIT AN EXAMINATION TO BE
CONDUCTED ON AN OUTPATIENT BASIS; AND

(2)  IF AN OUTPATIENT EXAMINATION IS AUTHORIZED, SHALL
SET BAIL FOR THE DEFENDANT OR AUTHORIZE THE RELEASE OF THE
DEFENDANT ON PERSONAL RECOGNIZANCE.

- 4260 -