ROBERT L. EHRLICH, JR., Governor

Ch. 237

(e) (1) [The] IF THE COURT ORDERS AN EVALUATION OF A DEFENDANT
FOR AN ALCOHOL OR DRUG DEPENDENCY, THE Department OR A LOCAL DESIGNEE
OF THE DEPARTMENT shall [provide the services required by this section]:

(I) ENSURE THAT THE EVALUATION IS CONDUCTED IN
ACCORDANCE WITH REGULATIONS ADOPTED BY THE ADMINISTRATION; AND

(II) REVIEW THE EVALUATION AFTER COMPLETION.

(2) IF THE EVALUATION REPORT RECOMMENDS TREATMENT, THE
REPORT SHALL;

(I) IDENTIFY SPECIFIC PROGRAMS CAPABLE OF PROVIDING THE
TREATMENT AS RECOMMENDED; AND

(II) IDENTIFY AN ACTUAL OR ESTIMATED DATE WHEN A FACILITY
CAN ADMIT THE DEFENDANT.

(D) (1) IF THE COURT AND THE DEPARTMENT OR A LOCAL DESIGNEE OF
THE DEPARTMENT CONSIDER TREATMENT TO BE APPROPRIATE AND NECESSARY,
THE COURT MAY ORDER THE DEFENDANT TO PARTICIPATE IN THE TREATMENT
RECOMMENDED BY THE DEPARTMENT OR A LOCAL DESIGNEE OF THE DEPARTMENT.

(2)     A COURT MAY NOT ORDER THAT THE DEFENDANT BE DELIVERED
FOR TREATMENT:

(I) UNLESS THE DEPARTMENT OR A LOCAL DESIGNEE OF THE
DEPARTMENT RECOMMENDS TREATMENT; AND

(II) UNTIL THE DEPARTMENT OR A LOCAL DESIGNEE OF THE
DEPARTMENT NOTIFIES THE COURT THAT AN APPROPRIATE TREATMENT PROGRAM
IS AVAILABLE TO ADMIT THE DEFENDANT.

[(d)] (E) The Department OR A LOCAL DESIGNEE OF THE DEPARTMENT shall
[engage in reasonable efforts to] facilitate the PROMPT admission of a defendant to
the appropriate treatment facility.

[(e)] (f) [Unless the court allows the defendant to provide the defendant's
own transportation, on commitment or release of a defendant under this subtitle, the]
THE court [shall] MAY order transportation OF THE DEFENDANT TO A TREATMENT
FACILITY by law enforcement officials, detention center staff, DIVISION OF
CORRECTION STAFF, or sheriff's department staff within the local jurisdiction.

(G) A COURT MAY ORDER A DEFENDANT TO PARTICIPATE IN TREATMENT
UNDER THIS SECTION ONLY:

(1)     AS A CONDITION OF PRETRIAL RELEASE OR PROBATION OR A
SUSPENDED SENTENCE UNDER §§ 6-219 THROUGH 6-225 OF THE CRIMINAL
PROCEDURE ARTICLE; AND

(2) IF THERE IS NO CURRENT COMMITMENT FOR INCARCERATION IN
EFFECT.

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