FOR the purpose of providing that an eligible inmate who refuses to participate in an
appropriate alcohol abuse and drug abuse treatment program is subject to any
sanctions that may be imposed upon an inmate who refuses to participate in any
mandatory program; providing that certain diminution credits may only be
revoked for a certain time period; stating that the required written consent for
treatment is valid regardless of whether a potential sanction may be imposed
when an inmate refuses to participate; and generally relating to alcohol abuse
and drug abuse treatment for inmates.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 8-6A-01
Annotated Code of Maryland

(1994 Replacement Volume and 1998 Supplement) _:

BY repealing and reenacting, without amendments,
Article - Health - General
Section 8-6A-02
Annotated Code of Maryland

(1994 Replacement Volume and 1998 Supplement)

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

Article - Health - General

8-6A-01.

(a) (1) In this subtitle the following words have the meanings indicated.

(2) "Alcohol abuse and drug abuse treatment program" has the meaning
stated in § 8-403(a) of this title.

(3) "Inmate" means a person detained in a State correctional facility.

(b) Except as otherwise provided in subsection (c) of this section, ah inmate
who is determined by a physician licensed under § 14-301 of the Health Occupations
Article or a mental health professional who has a master's degree in a mental health
field and has expertise in the treatment of substance abuse to have an alcohol or drug
dependence shall be placed in an appropriate alcohol abuse and drug abuse treatment
program under the supervision of the physician or the mental health professional.

(c) (1) Any treatment prescribed for alcohol or drug dependence may not
commence until the inmate to be treated has consented in writing to the treatment.

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. IF AN INMATE REFUSES TO PARTICULATE IN THE ALCOHOL ABUSE AND
DRUG ABUSE TREATMENT PROGRAM AFTER THE INMATE HAS BEEN DETERMINED
UNDER THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION TO HAVE AN