r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 300 - TRIAL AND SENTENCING
AMEND Rule 4-342 to add a cross reference after section (g),
as follows:
Rule 4-342. SENTENCING - PROCEDURE IN NON-CAPITAL CASES
. . .
(g) Reasons
The court ordinarily shall state on the record its reasons
for the sentence imposed.
Cross reference: For factors related to drug and alcohol abuse
treatment to be considered by the court in determining an
appropriate sentence, see Code, Criminal Procedure Article,
§6-231. For procedures to commit a defendant who has a drug or
alcohol dependency to a treatment program in the Department of
Health and Mental Hygiene as a condition of release after
conviction, see Code, Health General Article, §8-507.
. . .
REPORTER’S NOTE
Prior law did not allow a court to commit a defendant with a
drug or alcohol dependency to a treatment program in the
Department of Health and Mental Hygiene if a sentence of
incarceration was in effect or a detainer was lodged. Chapter
338, Laws of 2006 (HB 656) modified Code, Health General Article,
§8-507 to allow commitment as a condition of release after
conviction or at any time the defendant voluntarily agrees to
participate in treatment; however, the court may not order that
the defendant be delivered for treatment until any detainer based
on an untried indictment, information, warrant, or complaint for
the defendant has been removed and any sentence of incarceration
for the defendant is no longer in effect. The Rules Committee
recommends that a cross reference to the modified statute be
added to Rule 4-342. Because the law allows the commitment even
if the defendant did not timely file a motion for modification
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