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

SUBSECTION, THE COURT SHALL, EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR RULE TO THE
CONTRARY, ENTER AN ORDER STRIKING ENTRY OF JUDGMENT AND DEFERRING
FURTHER PROCEEDINGS IN ACCORDANCE WITH § 6-220 OF THIS SUBTITLE.

(B)     (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, IN ALL
OTHER CASES, ON THE SUCCESSFUL COMPLETION BY A DEFENDANT OF ANY
TREATMENT ORDERED AS A CONDITION OF PROBATION IMPOSED UNDER § 6-219 OF
THIS SUBTITLE, THE DIVISION OF PAROLE AND PROBATION SHALL NOTIFY THE
COURT THAT ISSUED THE ORDER AND THE OFFICE OF THE STATE'S ATTORNEY IN
THAT JURISDICTION.

(2)     EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR RULE TO THE CONTRARY,
UNLESS THE STATE'S ATTORNEY FILES AN OBJECTION WITHIN 30 DAYS AFTER
RECEIPT OF THE NOTICE, THE COURT MAY ENTER AN ORDER STRIKING THE ENTRY
OF JUDGMENT AND DEFERRING FURTHER PROCEEDINGS IN ACCORDANCE WITH §
6-220 OF THIS SUBTITLE.

(3)      IF THE STATE'S ATTORNEY FILES A TIMELY OBJECTION, THE COURT
SHALL HOLD A HEARING AND MAY, UNLESS GOOD CAUSE IS FOUND TO THE
CONTRARY, ENTER THE ORDER

(C)     ANY PROBATION BEFORE JUDGMENT ENTERED IN ACCORDANCE WITH
THIS SECTION SHALL BE SUPERVISED BY THE DIVISION OF PAROLE AND PROBATION
FOR THE TERM AND UNDER THE CONDITIONS THAT THE COURT CONSIDERS
APPROPRIATE.

(D) UNDER THIS SECTION, A COURT MAY NOT STRIKE THE ENTRY OF
JUDGMENT AND DEFER FURTHER PROCEEDINGS IN ACCORDANCE WITH § 6-220 OF
THIS SUBTITLE OR STAY THE ENTERING OF A JUDGMENT AND PLACE A DEFENDANT
ON PROBATION FOR A VIOLATION OF § 21-902 OF THE TRANSPORTATION ARTICLE IF,
WITHIN THE PRECEDING 5 YEARS, THE DEFENDANT:

(1) HAS BEEN CONVICTED UNDER § 21-902 OF THE TRANSPORTATION
ARTICLE; OR

(2) HAS BEEN PLACED ON PROBATION IN ACCORDANCE WITH § 6-220
OF THIS SUBTITLE, AFTER BEING CHARGED WITH A VIOLATION OF § 21-902 OF THE
TRANSPORTATION ARTICLE.

6-231.

BEFORE THE REVOCATION OF ANY PROBATION ORDERED UNDER THIS TITLE,
AND IN ADDITION TO ANY OTHER FACTORS THE COURT CONSIDERS IN CONNECTION
WITH THE DETERMINATION OF AN APPROPRIATE SENTENCE, THE COURT SHALL:

(1)      CONSIDER ANY EVALUATION OR RECOMMENDATION OF ANY
HEALTH PROFESSIONAL LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE;

(2)      CONSIDER RELEVANT INFORMATION ABOUT THE DEFENDANTS
DRUG OR ALCOHOL ABUSE; AND

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