ROBERT L. EHRLICH, JR., Governor                             Ch. 237

(I)      NAME A SPECIFIC PROGRAM ABLE TO PROVIDE THE
RECOMMENDED TREATMENT; AND

(II)     GIVE AN ACTUAL OR ESTIMATED DATE WHEN THE PROGRAM
CAN BEGIN TREATMENT OF THE DEFENDANT.

(E)     (1) THE DEPARTMENT SHALL PROVIDE THE SERVICES REQUIRED BY
THIS SECTION.

(2)      A DESIGNEE OF THE DEPARTMENT MAY CARRY OUT ANY OF ITS
DUTIES UNDER THIS SECTION IF APPROPRIATE FUNDING IS PROVIDED.

(F)     EVALUATIONS PERFORMED IN FACILITIES OPERATED BY THE
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES SHALL BE
CONDUCTED BY THE ADMINISTRATION.

8-506.

(a) (1) A court may {commit a defendant to the Department] ORDER A
DEFENDANT TO BE EVALUATED ON AN INPATIENT BASIS FOR FOR INPATIENT
EVALUATION AS TO DRUG OR ALCOHOL ABUSE if:

(i) (1) The court finds it is not clinically appropriate for the
defendant to be evaluated in a detention facility or an appropriate outpatient facility;
[or] AND

(ii) (2) After an INITIAL evaluation [in a detention facility or an
outpatient facility] CONDUCTED BY A LOCAL DESIGNEE OF THE DEPARTMENT IN
ACCORDANCE WITH DEPARTMENT REGULATIONS, the [Department] INITIAL
EVALUATION:

(I)      recommends a comprehensive inpatient evaluation of the
defendant; AND

(II)     CERTIFIES THAT AN APPROPRIATE FACILITY IS EITHER
CURRENTLY, OR WITHIN A REASONABLE TIME WILL BE ABLE TO, CONDUCT THE
EVALUATION;

(III) PROVIDES TO THE COURT A DATE BY WHICH THE EVALUATION
CAN BE CONDUCTED; AND

(IV) GIVES THE COURT PROMPT NOTICE WHEN AN EVALUATION
CAN BE CONDUCTED.

(III) THE DEPARTMENT OR A LOCAL DESIGNEE OF THE
DEPARTMENT CERTIFIES TO THE COURT THAT AN APPROPRIATE FACILITY IS EITHER
CURRENTLY, OR WITHIN A REASONABLE TIME WILL BE, AVAILABLE TO CONDUCT
THE EVALUATION.

(2)     (I) [Before a court commits a defendant to the Department for
evaluation, the court shall consult with the Administration.] A DEFENDANT

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