Ch. 238                                    2004 LAWS OF MARYLAND

(3) WHENEVER AN EVALUATION RECOMMENDS TREATMENT, THE
EVALUATOR'S REPORT SHALL:

(I)      NAME A SPECIFIC PROGRAM ABLE TO PROVIDE THE
RECOMMENDED TREATMENT; AND

(II)     GIVE AN ACTUAL OR ESTIMATED DATE WHEN THE PROGRAM
CAN BEGIN TREATMENT OF THE DEFENDANT.

(f)      (1) ON COMPLETION OF AN EVALUATION UNDER THIS SECTION, THE
DEPARTMENT SHALL NOTIFY THE COURT.

(2) Before [an individual] A DEFENDANT is released from
[commitment] AN EVALUATION FACILITY under this section, the [Director or a
designee of the Director] DEPARTMENT shall give the [judge] COURT that ordered
the [commitment] EVALUATION AND THE CORRECTIONAL FACILITY, IF ANY, TO
WHOSE CUSTODY THE DEFENDANT IS TO BE RELEASED notice of the proposed date
and time of release AND HAVE THE DEFENDANT RETURNED TO THE COURT AS
PROVIDED IN THE EVALUATION ORDER

(g)     (1) [In the event an individual committed under this section] IF A
DEFENDANT leaves an evaluation facility without authorization, the responsibility of
the Department is limited to notification of the court that [committed the individual]
ORDERED THE DEFENDANT'S EVALUATION, as soon as it is reasonably possible.

(2)      NOTICE UNDER THIS SUBSECTION SHALL CONSTITUTE PROBABLE
CAUSE FOR A COURT TO ISSUE A WARRANT FOR THE ARREST OF A DEFENDANT.

8-507.

(a) If a court finds in a criminal case that a defendant has an alcohol or drug
dependency, AS PROVIDED IN THIS SECTION the court may [commit] ORDER the
defendant as a condition of release, after conviction, or at any other time the
defendant voluntarily agrees to treatment [to the Department for] TO PARTICIPATE
IN inpatient, residential, or outpatient treatment APPROVED BY THE DEPARTMENT
OR A LOCAL DESIGNEE OF THE DEPARTMENT.

(b) Before a court may [commit a defendant to the Department for] ORDER
treatment UNDER THIS SECTION, the court shall:

(1) Offer the defendant the opportunity to receive treatment; [and]

(2)     Obtain the written consent of the defendant:
(i) To receive treatment; and

(ii) For the reporting of information back to the court; [and]

(3) [Consult with] ORDER AN EVALUATION OF THE DEFENDANT IN
ACCORDANCE WITH REGULATIONS ADOPTED BY the Administration; AND

(4) CONSIDER THE REPORT ON THE DEFENDANT'S EVALUATION.

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