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2000 LAWS OF MARYLAND
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Ch. 350
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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 conditions 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 Allegany County, Calvert County, Charles County,
Garrett County, HOWARD COUNTY, and St. Mary's 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.
(iv) Any fine or pecuniary penalty imposed as a term or condition of
probation shall be within the amount prescribed by law for a violation resulting in
conviction.
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- 2028 -
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