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

responsibility of the Department OR A LOCAL DESIGNEE OF THE DEPARTMENT is
limited to the notification of the court that [committed the individual] ORDERED THE
TREATMENT as soon as it is reasonably possible.

[(k)] (M) Nothing in this section imposes any obligation on the Administration
OR A LOCAL DESIGNEE OF THE DEPARTMENT:

(1) To treat any defendant who knowingly and willfully declines to
consent to further treatment; or

(2)     In reporting to the court under this section, to include an assessment
of a defendant's dangerousness to one's self, to another individual, or to the property
of another individual by virtue of a drug or alcohol problem.

[(l)] (N) Any time served by a criminal defendant held for INPATIENT
evaluation or [committed] ORDERED for INPATIENT treatment shall be credited
against [the] ANY sentence imposed by the court.

8-507.

(A) THIS SECTION APPLIES ONLY TO A DEFENDANT FOR WHOM:

(1)     NO SENTENCE OF INCARCERATION IS CURRENTLY IN EFFECT; AND

(2)     NO DETAINER IS CURRENTLY LODGED.

[(a)] (B) [If] SUBJECT TO THE LIMITATIONS IN THIS SECTION, a court THAT
finds in a criminal case that a defendant has an alcohol or drug dependency[. the
court] may commit the defendant as a condition of release, after conviction, or at any
other time the defendant voluntarily agrees to [treatment] PARTICIPATE IN
TREATMENT, to the Department for [inpatient, residential, or outpatient] treatment
THAT THE DEPARTMENT RECOMMENDS. EVEN IF:

(1)     THE DEFENDANT DID NOT TIMELY FILE A MOTION FOR
RECONSIDERATION UNDER MARYLAND RULE 4-345; OR

(2)     THE DEFENDANT TIMELY FILED A MOTION FOR RECONSIDERATION
UNDER MARYLAND RULE 4-345 WHICH WAS DENIED BY THE COURT.

[(b)] (C) Before a court [may commit] COMMITS a defendant to the
Department [for 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] TO HAVE information REPORTED back to
the court; [and]

(3) [Consult with the Administration] ORDER AN EVALUATION OF THE
DEFENDANT UNDER § 8-505 OR § 8-506 OF THIS SUBTITLE;

(4)      CONSIDER THE REPORT ON THE DEFENDANTS EVALUATION; AND

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