ROBERT L. EHRLICH, JR., Governor

Ch. 238

(1)     CHARGED WITH A VIOLENT CRIME OF VIOLENCE AS DEFINED UNDER
§ 7-101 § 14-101 OF THE CORRECTIONAL SERVICES CRIMINAL LAW ARTICLE OR WITH
A VIOLATION OF TITLE 3. SUBTITLE 6 OR SUBTITLE 8. OR § 3-203. § 3-204. § 5-612, §
5-613, § 5-614, § 5-621, § 5-622, OR § 5-628 OF THE CRIMINAL LAW ARTICLE; OR

(2)     WHO HAS BEEN CONVICTED OF A CRIME OF VIOLENCE. AS DEFINED
UNDER § 14-101 OF THE CRIMINAL LAW ARTICLE. WITHIN THE PREVIOUS 5 YEARS.

(B)     EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION:

(1)     A NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR ALCOHOL
TREATMENT SHALL BE CONSIDERED A NOLLE PROSEQUI UNDER THE MARYLAND
RULES; AND

(2)     A STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
TREATMENT SHALL BE CONSIDERED A STET UNDER THE MARYLAND RULES,
INCLUDING PROVISIONS FOR RESCHEDULING A TRIAL.

(C)     (1) THE STATE'S ATTORNEY. ON REQUEST OF THE DEFENDANT OR ON
THE STATE'S ATTORNEY'S OWN MOTION, MAY MAKE AN OFFER TO A DEFENDANT
THAT IF THE DEFENDANT QUALIFIES FOR DRUG OR ALCOHOL TREATMENT THE
STATE'S ATTORNEY SHALL DISMISS THE CHARGE BY ENTERING A NOLLE PROSEQUI
WITH THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT OR MOVE THAT THE
COURT INDEFINITELY POSTPONE TRIAL OF THE CHARGE BY MARKING THE CHARGE
STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT ON THE
DOCKET.

(2)      IN ORDER TO QUALIFY FOR A NOLLE PROSEQUI WITH THE
REQUIREMENT OF DRUG OR ALCOHOL TREATMENT OR A STET WITH THE
REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT, A DEFENDANT SHALL BE
EVALUATED FOR DRUG OR ALCOHOL ABUSE BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, A DESIGNEE OF THE DEPARTMENT, OR A PRIVATE PROVIDER
UNDER REGULATIONS OF THE ALCOHOL AND DRUG ABUSE ADMINISTRATION AND
THE EVALUATION SHALL DETERMINE WHETHER THE DEFENDANT IS AMENABLE TO
TREATMENT AND, IF SO, RECOMMEND AN APPROPRIATE TREATMENT PROGRAM.

(3)      THE DRUG OR ALCOHOL TREATMENT PROGRAM SHALL BE
APPROVED UNDER REGULATIONS OF THE ALCOHOL AND DRUG ABUSE
ADMINISTRATION.

(4)      IF A DEFENDANT QUALIFIED UNDER THIS SECTION ACCEPTS AN
OFFER DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION:

(I)      THE DEFENDANT SHALL SIGN A WAIVER OF ANY RIGHTS THE
DEFENDANT MAY HAVE UNDER LAW PROHIBITING DISCLOSURE OF RECORDS OF
TREATMENT, THEREBY ALLOWING CONSENT TO THE DISCLOSURE OF SUCH
TREATMENT INFORMATION AS MAY BE NECESSARY TO ALLOW THE DISCLOSURE OF
THE DISPOSITION OF NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR
ALCOHOL TREATMENT OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
ABUSE TREATMENT TO CRIMINAL JUSTICE UNITS; AND

(II)     ON SUCCESSFUL COMPLETION OF DRUG OR ALCOHOL

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