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

sentenced to imprisonment for not less than 10 years and is subject to a fine not
exceeding $100,000 if the person previously has been convicted once:

(i) under subsection (a) of this section or § 5-608 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this
section or § 5-608 of this subtitle; or

(iii) of a crime under the laws of another state or the United States
that would be a crime included in subsection (a) of this section or § 5-608 of this
subtitle if committed in this State; or

(iv) of any combination of these crimes.

(2)     The court may not suspend the mandatory minimum sentence to less
than 10 years.

(3)     Except as provided in § 4-305 of the Correctional Services Article, the
person is not eligible for parole during the mandatory minimum sentence.

(4)      A PERSON CONVICTED UNDER SUBSECTION (A) OF THIS SECTION IS
NOT PROHIBITED FROM PARTICIPATING IN A DRUG TREATMENT PROGRAM UNDER §
8-507 OF THE HEALTH - GENERAL ARTICLE BECAUSE OF THE LENGTH OF THE
SENTENCE.

Article - Health - General

8-505.

(a)     (1) Before or during a criminal trial or prior to BEFORE sentencing, the
court may order the Department, THROUGH ITS LOCAL DESIGNEE, to evaluate a
defendant to determine whether, by reason of drug or alcohol abuse, the defendant is
in need of and may benefit from treatment if:

(i) It appears to the court that the defendant has an alcohol or drug
abuse problem; or

(ii) The defendant alleges an alcohol or drug dependency.

(2)     The A court shall set and may change the conditions under which the
AN examination is to be conducted UNDER THIS SECTION.

(3)     AN EVALUATION UNDER THIS SECTION SHALL BE CONDUCTED BY
THE LOCAL DESIGNEE OF THE DEPARTMENT THE DEPARTMENT SHALL ENSURE
THAT EACH EVALUATION UNDER THIS SECTION IS CONDUCTED IN ACCORDANCE
WITH REGULATIONS ADOPTED BY THE DEPARTMENT.

(b)     Except in a capital case, on consideration of the nature of the charge, the
court:

(1) May require or permit an examination to be conducted on an
outpatient basis; and

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