Ch. 335

2004 LAWS OF MARYLAND

(2001 Volume and 2003 Supplement)

BY repealing and reenacting, without amendments,
Article - Transportation
Section 21-902
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

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

Article - Criminal Procedure

6-220.

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

(1)     home detention;

(2)     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

(3)     inpatient drug or alcohol treatment.

(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
may include an order that the defendant:

(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.

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