WILLIAM DONALD SCHAEFER, Governor

Ch. 782

8-507.

(A)  IF A COURT FINDS IN A CRIMINAL CASE THAT A DEFENDANT
HAS AN ALCOHOL OR DRUG DEPENDENCY, THE COURT MAY COMMIT THE
DEFENDANT AS A CONDITION OF RELEASE, AFTER CONVICTION, OR AT ANY
OTHER TIME THE DEFENDANT VOLUNTARILY AGREES TO TREATMENT TO THE

DEPARTMENT FOR INPATIENT, RESIDENTIAL, OR OUTPATIENT TREATMENT.

(B)  BEFORE A COURT MAY COMMIT A DEFENDANT TO THE DEPARTMENT
FOR TREATMENT, THE COURT SHALL:

(1) OFFER
TREATMENT; AND

THE DEFENDANT THE OPPORTUNITY TO RECEIVE

(2)  OBTAIN THE WRITTEN CONSENT OF THE DEFENDANT:

(I)  TO RECEIVE TREATMENT; AND

(II)  FOR THE REPORTING OF INFORMATION BACK TO
THE COURT; AND

(3)  CONSULT WITH THE ADMINISTRATION.

(C)  THE DEPARTMENT SHALL PROVIDE THE SERVICES REQUIRED BY
THIS SECTION.

(D)  THE DEPARTMENT SHALL ENGAGE IN REASONABLE EFFORTS TO
FACILITATE THE ADMISSION OF A DEFENDANT TO THE APPROPRIATE
TREATMENT FACILITY.

(E)   UNLESS THE COURT ALLOWS THE DEFENDANT TO PROVIDE THE
DEFENDANT'S OWN TRANSPORTATION, ON COMMITMENT OR RELEASE OF A
DEFENDANT UNDER THIS SUBTITLE, THE COURT SHALL ORDER
TRANSPORTATION BY LAW ENFORCEMENT OFFICIALS, DETENTION CENTER
STAFF, OR SHERIFF'S DEPARTMENT STAFF WITHIN THE LOCAL
JURISDICTION.

(F)  (1) A DEFENDANT'S WITHDRAWAL OF CONSENT TO TREATMENT
SHALL BE PROMPTLY REPORTED TO THE COURT.

(2) THE DEFENDANT SHALL BE RETURNED TO THE COURT
WITHIN 7 DAYS FOR FURTHER PROCEEDINGS.

(G) A DEFENDANT WHO IS COMMITTED FOR TREATMENT UNDER THIS
SECTION MAY QUESTION AT ANY TIME THE LEGALITY OF THE COMMITMENT
BY A PETITION FOR A WRIT OF HABEAS CORPUS.

(H) (1) A COMMITMENT UNDER THIS SECTION SHALL BE FOR AT
LEAST 72 HOURS AND NOT MORE THAN 1 YEAR.

(2) ON GOOD CAUSE SHOWN BY THE ADMINISTRATION, THE
COURT MAY EXTEND THE TIME PERIOD FOR PROVIDING THE NECESSARY
TREATMENT SERVICES IN INCREMENTS OF 6 MONTHS.

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