Ch. 238                                    2004 LAWS OF MARYLAND

(5) FIND THAT THE TREATMENT THAT THE DEPARTMENT RECOMMENDS
TO BE APPROPRIATE AND NECESSARY.

[(c)] (D) (1) The Department shall provide the services required by this
section.

(2) A DESIGNEE OF THE DEPARTMENT MAY CARRY OUT ANY OF THE
DEPARTMENT'S DUTIES UNDER THIS SECTION IF APPROPRIATE FUNDING IS
PROVIDED.

(E)  (1) A COURT MAY NOT ORDER THAT THE DEFENDANT BE DELIVERED
FOR TREATMENT UNTIL THE DEPARTMENT GIVES THE COURT NOTICE THAT AN
APPROPRIATE TREATMENT PROGRAM IS ABLE TO BEGIN TREATMENT OF THE
DEFENDANT.

[(d)] (2) The Department shall [engage in reasonable efforts to] facilitate the
[admission] PROMPT TREATMENT of a defendant [to the appropriate treatment
facility].

(F)     FOR A DEFENDANT COMMITTED FOR TREATMENT UNDER THIS SECTION, A
COURT SHALL ORDER SUPERVISION OF THE DEFENDANT:

(1)      BY AN APPROPRIATE PRETRIAL RELEASE AGENCY, IF THE
DEFENDANT IS RELEASED PENDING TRIAL;

(2)      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 4-345, IF THE DEFENDANT IS RELEASED
ON PROBATION; OR

(3)     BY THE DEPARTMENT, IF THE DEFENDANT REMAINS IN THE
CUSTODY OF A LOCAL CORRECTIONAL FACILITY.

[(e)] (G) [Unless the court allows the defendant to provide the defendant's
own transportation, on commitment or release of a defendant under this subtitle, the]
A court [shall] MAY order [transportation by] law enforcement officials, detention
center staff, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES STAFF,
or sheriffs department staff within the APPROPRIATE local jurisdiction TO
TRANSPORT A DEFENDANT TO AND FROM TREATMENT UNDER THIS SECTION.

[(f)] (H) [(1) A] THE DEPARTMENT SHALL PROMPTLY REPORT TO A COURT A
defendant's withdrawal of consent to treatment [shall be promptly reported to the
court.

(2) The defendant shall be] AND HAVE THE DEFENDANT returned to the
court within 7 days for further proceedings.

[(g)] (I) 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 under this section shall be for at least 72 hours
and not more than 1 year.

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