Ch. 378                                    2003 LAWS OF MARYLAND

(i) pay a fine or monetary penalty to the State or make restitution;
or

(ii) participate in a rehabilitation program, the parks program, or a
voluntary hospital program.

(3)     Before the court orders a fine, monetary penalty, or restitution, the
defendant is entitled to notice and a hearing to determine the amount of the fine,
monetary penalty, or restitution, what payment will be required, and how payment
will be made.

(4)     Any fine or monetary penalty imposed as a condition of probation
shall be within the amount set by law for a violation resulting in conviction.

(5)     As a condition of probation, the court may order a person to a term of
custodial confinement OR IMPRISONMENT.

[(h) In Allegany County, Calvert County, Charles County, Garrett County,
Howard County, and St. Mary's County, the court may impose a sentence of
imprisonment as a condition of probation.]

6-225.

(d)     [In Calvert County, Cecil County, Charles County, Harford County, and St.
Mary's County, the] THE court may impose a sentence of CUSTODIAL CONFINEMENT
OR imprisonment as a condition of probation.

(a)     (1) In this section, "custodial confinement" means:

(i) home detention;

(ii) a corrections options program established under law which
requires the individual to participate in home detention, inpatient treatment, or other
similar program involving terms and conditions that constitute the equivalent of
confinement; or

(iii) inpatient drug or alcohol treatment.

(2) "Custodial confinement" does not include imprisonment.

(b) (1)  When a defendant pleads guilty or nolo contendere or is found guilty
of a crime, a court may stay the entering of judgment, defer further proceedings, and
place the defendant on probation subject to reasonable conditions if:

(i) the court finds that the best interests of the defendant and the
public welfare would be served; and

(ii) the defendant gives written consent after determination of guilt
or acceptance of a nolo contendere plea.

(2) Subject to paragraphs (3) and (4) of this subsection, the conditions:

(I) MAY INCLUDE AN ORDER OF A SENTENCE OF IMPRISONMENT;

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