Ch. 238                                    2004 LAWS OF MARYLAND

(H) (1) IF A COURT ORDERS A DEFENDANT TO UNDERGO TREATMENT
UNDER THIS SECTION, THE COURT SHALL ORDER THE DEFENDANT TO BE
SUPERVISED:

(I) IF THE DEFENDANT IS RELEASED PRETRIAL, BY THE
APPROPRIATE PRETRIAL RELEASE AGENCY OR LOCAL CORRECTIONAL FACILITY
UNDER APPROPRIATE CONDITIONS IN ACCORDANCE WITH MARYLAND RULE 4-216;

OR

(II) IF THE COURT RELEASES THE DEFENDANT ON PROBATION, BY
THE DIVISION OF PAROLE AND PROBATION UNDER APPROPRIATE CONDITIONS IN
ACCORDANCE WITH §§ 6-219 THROUGH 6-225 OF THE CRIMINAL PROCEDURE ARTICLE
AND MARYLAND RULE 4-346.

(2) A DEFENDANT ORDERED TO TREATMENT UNDER THIS SECTION MAY
NOT BE CONSIDERED TO BE IN THE CUSTODY OF THE DEPARTMENT.

[(f)] (I) (1) A defendant's withdrawal of consent to treatment shall
CONSTITUTE A VIOLATION OF CONDITIONS OF RELEASE AND SHALL be promptly
reported to the court.

(2) The defendant shall be returned to the court [within 7 days] ON
ISSUANCE OF A WARRANT for further proceedings.

[(g) A defendant who is committed for treatment under this section may
question at any time the legality of the commitment by a petition for a writ of habeas
corpus.]

[(h)](J) (1) [A commitment] AN ORDER FOR TREATMENT under this section
shall be for at least 72 hours and not more than 1 year.

(2) On good cause shown by the Administration OR A LOCAL DESIGNEE
OF THE DEPARTMENT, the court may extend the time period for providing the
necessary treatment services in increments of 6 months.

(3) Except during the first 72 hours after [commitment] ADMISSION OF
A DEFENDANT ORDERED FOR TREATMENT UNDER THIS SECTION, the Director or a
designee of the Director, INCLUDING A LOCAL DESIGNEE OF THE DEPARTMENT, may
terminate the [commitment] TREATMENT if the Director or the designee determines
that:

(i) Continued [commitment] TREATMENT is not in the best
interest of the individual; or

(ii) The individual is no longer amenable to treatment.

[(i)] (K) When an individual is to be released from a [commitment]
TREATMENT FACILITY under this section, the Director or the Director's designee,
INCLUDING A LOCAL DESIGNEE OF THE DEPARTMENT, shall [consult with] NOTIFY
the court [to determine if the individual is to be returned to the court].

[(j)](L) In the event an individual [committed] ORDERED TO A TREATMENT
FACILITY under this section leaves a treatment facility without authorization, the

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