HEALTH GENERAL ARTICLES §8-505, 8-506, 8507 Karen Yoke, M.A. Chief of Justice Services Maryland Alcohol and Drug Abuse Administration

LISA BARKAN, ASSISTANT ATTORNEY GENERAL 410-767-1877 LBARKAN@DHMH.STATE.MD.US

Health General 8-505 Before or during a criminal trial or before sentencing To determine if defendant is in need of substance abuse treatment and may benefit from treatment

Conditions of Evaluation Current statue: defendant does not need to be in custody Court shall set and may change the conditions Outpatient examinations Can set bail or authorize release on recognizance

Custodial Evaluations Local Detention Center Evaluators identified for each jurisdiction Division of Correction Contracted evaluators

Duties of the Evaluator If a Court orders an evaluation, the evaluator shall: Conduct an evaluation of the defendant Submit a complete report of the evaluation within 7 days to the Court, Department and defendant’s attorney On good cause shown, the Court may extend the time for the evaluation.

Current additions to evaluation Name a specific program Provide an estimated date of admission

Health General § 8-506 A court may commit a defendant to the Department if: Not clinically appropriate for the defendant to be evaluated in a detention facility or outpatient Place defendant in an appropriate health care facility or immediately conduct an evaluation of the defendant. Unless the Department retains the defendant, the defendant shall be promptly returned to the Court after the evaluation.

Health General § 8-507 Commitment for Treatment If a Court finds in a criminal case that a defendant has an alcohol and drug dependency, the Court may commit the defendant to the Department as a condition of release, after conviction, or at any time the defendant voluntarily agrees to treatment.

PROVIDED: No sentence of incarceration is currently in effect. No detainer is currently lodged. No “Dual Commitments”

PREREQUISITES Order evaluation pursuant to 8-505-6 Offer the defendant opportunity to receive treatment and obtain written consent of the defendant to receive treatment and have information reported back to the Court. Consider the report Find treatment recommended appropriate and necessary

SUPERVISION OF THE DEFENDANT BY Parole and Probation By Pretrial Detention Local Detention facility-Department facilitates the admission

Transportation A Court may order transportation by law enforcement officials, detention center staff, DPSCS staff, or sheriff’s department staff within the local jurisdiction to and from the institutional facility and the treatment program.

Helpful information Commitment to DHMH for SA Tx is not a sentence Judge does not have the authority to commit to treatment for a specific time Judge does not have the authority to commit directly to SA Program without utilizing an 8-505 evaluation Judge does not have the authority to order transportation to a program without an 8-505 evaluation and tx recommendation. SA Treatment Programs are not secure facilities.

Administration mandates Facilitate prompt treatment DHMH/ADAA shall provide services or the designee may carry out the duties.