WILLIAM DONALD SCHAEFER, Governor                            Ch. 716

(b) Probation may be granted whether the offense is punishable by fine or
imprisonment or both. If the offense is punishable by both fine and imprisonment, the
court may impose a fine and place the defendant on probation as to the imprisonment.
Probation may be limited to one or more counts or indictments; but, in the absence of
express limitation, shall extend to the entire sentence and judgment. The court may
revoke or modify any condition of probation or may reduce the period of probation.

(c) If a sentence of imprisonment is imposed, a portion of it is suspended, and the
defendant is placed on probation, the court may impose as a condition of probation that
the probation commence on the date the defendant is actually released from
imprisonment.

(d) When the probation granted is for violation of any provision of §§ 276 through
303 of this article, if the court places the person on probation, it shall require, as a
condition of the suspension of sentence, that the person participate in a drug 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.

643B.

(a)     As used in this section, the term "crime of violence" means abduction; arson
in the first degree; burglary; daytime housebreaking under § 30(b) of this article;
kidnapping; manslaughter, except involuntary manslaughter; mayhem and maiming under
§§ 384, 385, and 386 of this article; murder; rape; robbery; robbery with a deadly weapon;
carjacking or armed carjacking; sexual offense in the first degree; sexual offense in the
second degree; use of a handgun in the commission of a felony or other crime of violence;
an attempt to commit any of the aforesaid offenses; assault with intent to murder; assault
with intent to rape; assault with intent to rob; assault with intent to commit a sexual
offense in the first degree; and assault with intent to commit a sexual offense in the
second degree.

The term "correctional "institution" includes Patuxent Institution and a local or
regional jail or detention center.

(b)     Any person who has served three separate terms of confinement in a
correctional institution as a result of three separate convictions of any crime of violence
shall be sentenced, on being convicted a fourth time of a crime of violence, to life
imprisonment without the possibility of parole. Regardless of any other law to the
contrary, the provisions of this section are mandatory.

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, ANY
PERSON WHO HAS BEEN CONVICTED ON TWO SEPARATE OCCASIONS OF A CRIME OF
VIOLENCE WHERE THE TWO CONVICTIONS DO NOT ARISE FROM A SINGLE INCIDENT
SHALL BE SENTENCED, ON BEING CONVICTED A THIRD TIME OF A CRIME OF
VIOLENCE, TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.

(2) IF A PERSON IS SENTENCED TO DEATH, THE REQUIREMENTS OF
PARAGRAPH (I) OF THIS SUBSECTION DO NOT APPLY.

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