Ch. 144

1995 LAWS OF MARYLAND

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 641

Annotated Code of Maryland
(1992 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

641.

(a)' (1) (i) 1. 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
condition's 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.

2. In Charles County, St. Mary's County, and Calvert County,
the court may impose a sentence of confinement as a condition of probation.

(ii) However, when the offense for which the judgment is being stayed
is for violation of any provision of § 21-902 of the Transportation Article, the court:

1.       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 under § 27-107 of the Transportation Article.

(iii) When the offense for which the judgment is being stayed is for a
violation of any provision of §§ 276 through 303 of this article, the court shall require the
person to 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.

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