ROBERT L. EHRLICH, JR., Governor                             Ch. 335

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

(c)      (1) When the crime for which the judgment is being stayed is for a
violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, §
2-506, or § 3-211 of the Criminal Law Article, the court shall [impose]:

(I)      PRIOR TO BEFORE IMPOSING a period of probation, MAY ORDER
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO EVALUATE THE
DEFENDANT IN ACCORDANCE WITH § 8-505 OF THE HEALTH - GENERAL ARTICLE;
AND

(II)     AFTER REVIEW OF THE EVALUATION IF AN EVALUATION WAS
ORDERED UNDER ITEM (I) OF THIS PARAGRAPH, SHALL REVIEW THE EVALUATION
BEFORE IMPOSING A PERIOD OF PROBATION; AND

(III)   SHALL IMPOSE A PERIOD OF PROBATION and, as a condition of
the probation:

[(i)] 1. shall require the defendant to participate in an alcohol or
drug treatment or education program approved by the Department of Health and
Mental Hygiene, unless the court finds and states on the record that the interests of
the defendant and the public do not require the imposition of this condition; and

[(ii)] 2. may prohibit the defendant from operating a motor vehicle
unless the motor vehicle is equipped with an ignition interlock system under § 27-107
of the Transportation Article.

(2) When the crime for which the judgment is being stayed is for a
violation of any provision of Title 5 of the Criminal Law Article, the court shall impose
a period of probation and, as a condition of probation, require the defendant to
participate in a drug treatment or education program approved by the Department of
Health and Mental Hygiene, unless the court finds and states on the record that the
interests of the defendant and the public do not require the imposition of this
condition.

(d)     Notwithstanding subsections (b) and (c) of this section, a court may not
stay the entering of judgment and place a defendant on probation for:

(1)     a violation of § 21-902 of the Transportation Article or § 2-503, §
2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, if within the
preceding 5 years the defendant has been convicted under § 21-902 of the
Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the
Criminal Law Article, or has been placed on probation in accordance with this section,
after being charged with a violation of § 21-902 of the Transportation Article or §
2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article;

(2)     a second or subsequent controlled dangerous substance crime under
Title 5 of the Criminal Law Article; or

(3)     a violation of any of the provisions of §§ 3-303 through 3-307 of the
Criminal Law Article for a crime involving a person under the age of 16 years.

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