Ch. 238

2004 LAWS OF MARYLAND

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.

(D)     (1) (I) A DEFENDANT WHO HAS RECEIVED A DISPOSITION OF NOLLE
PROSEQUI WITH THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT OR STET
WITH THE REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT MAY NOT
RECEIVE A DISPOSITION OF NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR
ALCOHOL TREATMENT OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
ABUSE TREATMENT FOR CHARGES AGAINST THE DEFENDANT ARISING FROM A
SEPARATE INCIDENT THAT ARE NOT RESOLVED IN THE SAME PROCEEDING.

(II) THIS PARAGRAPH MAY NOT BE CONSTRUED TO PROHIBIT THE
STATE'S ATTORNEY OR THE COURT FROM ENTERING ANY OTHER APPROPRIATE
DISPOSITION IN A PROCEEDING, INCLUDING A DISPOSITION OF NOLLE PROSEQUI OR
STET IN ACCORDANCE WITH THE MARYLAND RULES, PROVIDED THAT THE
DISPOSITION IS NOT NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR
ALCOHOL TREATMENT OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
ABUSE TREATMENT.

(2) IN THE MANNER PROVIDED BY LAW, A CLERK OF THE COURT SHALL
TRANSMIT A DISPOSITION OF NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG
OR ALCOHOL TREATMENT OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
ABUSE TREATMENT FOR ENTRY INTO THE APPROPRIATE CRIMINAL RECORDS AN©
MOTOR VEHICLE RECORDS AS PROVIDED BY LAW.

(E)     (1) IN ADDITION TO ANY OTHER FEES, FINES, OR COSTS, UNLESS THE
COURT MAKES A FINDING ON THE RECORD THAT A DEFENDANT IS UNABLE BY
REASON OF INDIGENCY TO PAY THE COSTS, A PERSON WHO RECEIVES A DISPOSITION
OF NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT
OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT SHALL
PAY TO THE COURT AN ADMINISTRATIVE FEE OF $150.

(2) THE FEE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE PAID INTO THE MARYLAND SUBSTANCE ABUSE FUND UNDER § 8-6A-01 OF
THE HEALTH - GENERAL ARTICLE.

6-230.

(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THIS
SUBSECTION SHALL APPLY IN ANY CASE WHERE THE COURT AGREES THAT, ON
SUCCESSFUL COMPLETION OF ANY TREATMENT ORDERED AS A CONDITION OF
PROBATION UNDER § 6-219 OF THIS SUBTITLE, THE COURT WILL ENTER AN ORDER
STRIKING THE ENTRY OF JUDGMENT AND DEFERRING FURTHER PROCEEDINGS IN
ACCORDANCE WITH § 6-220 OF THIS SUBTITLE.

(2) ON NOTIFICATION TO THE COURT BY THE DIVISION OF PAROLE AND
PROBATION THAT THE DEFENDANT HAS SUCCESSFULLY COMPLETED THE
TREATMENT AS ORDERED IN A PROCEEDING UNDER PARAGRAPH (1) OF THIS

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