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

(2)     On good cause shown by [the Administration] THE DEPARTMENT.
THE COURT. OR THE STATE, 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, the Director or a
designee of the Director] ADMISSION OF A DEFENDANT TO A TREATMENT PROGRAM.
THE DEPARTMENT may terminate the [commitment] TREATMENT if the [Director or
the designee] DEPARTMENT determines that:

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

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

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

[(j)] (L) (1) [In the event an individual committed under this section] IF A
DEFENDANT leaves [a] treatment [facility] without authorization, the responsibility
of the Department is limited to the notification of the court that [committed the
individual] ORDERED THE DEFENDANT'S TREATMENT 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.

[(k)] (M) Nothing in this section imposes any obligation on the
[Administration] 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] TIME DURING WHICH A defendant
IS held UNDER THIS SECTION for INPATIENT evaluation or [committed for]
INPATIENT OR RESIDENTIAL treatment shall be credited against [the] ANY sentence
imposed by the court THAT ORDERED THE EVALUATION OR TREATMENT.

(O) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT A COURT'S AUTHORITY
TO ORDER DRUG TREATMENT IN LIEU OF INCARCERATION UNDER TITLE 5 OF THE
CRIMINAL LAW ARTICLE.

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