ROBERT L. EHRLICH, JR., Governor                             Ch. 238

(2)     One member in 2006;

(3)     One member in 2007; and

(4)     The remaining members in 2008.

SECTION 4. AND BE IT FURTHER ENACTED, That the Department of
Health and Mental Hygiene shall provide to the Governor and, in accordance with §
2-1246 of the State Government Article, the General Assembly, a report on the
implementation and status of this Act, including any costs or savings to the State as
a result of the implementation of this Act, on or before December 31, 2005.

SECTION 5. AND BE IT FURTHER ENACTED, That, unless an appropriation
of at least $3,000.000 is dedicated in the fiscal year 2005 State budget as enacted by
the General Assembly to specifically carry out the provisions of this Act, this Act, with
no further action required by the General Assembly, shall be null and void and of no
force and effect.

SECTION 4. 6. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 5 of this Act, Section 2 of this Act shall take effect July 1, 2004.

SECTION 5. 7. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 5 of this Act and except as provided in Section 4 6 of this Act, this
Act shall take effect October 1, 2004.

Approved May 11, 2004.

CHAPTER 238
(House Bill 295)

AN ACT concerning

Crimes - Substance Abuse - Parole - Civil Commitment - Diversion

FOR the purpose of requiring the Parole Commission to consider certain reports
relating to drug and alcohol use when considering suitability for parole under
certain circumstances; establishing parole eligibility for certain nonviolent
offenders who are ordered to undergo drug or alcohol treatment; establishing
procedures for certain criminal defendants to receive certain dispositions in
certain criminal cases under certain circumstances; authorizing a court, under
certain circumstances, to enter a certain order; establishing a certain fee;
requiring certain dispositions in criminal cases to be entered in certain State
records; making certain offenders eligible for certain treatment; altering
procedures relating to evaluation and treatment of criminal defendants for drug
and alcohol abuse under certain circumstances; requiring certain evaluations be
conducted in a certain manner; authorizing a court to order certain evaluations
under certain circumstances; authorizing a court to order certain treatment that
the Department of Health and Mental Hygiene or its local designee considers
necessary under certain circumstances; requiring that a defendant ordered to

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