Columbia, MD asked in Criminal Law for Maryland

Q: Is an inmate, having been found guilty and has been incarcerated 7 yrs. of a 20 yr. sentence, eligible for an 8-580

program and what are the guidelines for his acceptance ?

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1 Lawyer Answer
Stephen P. Shepard
Stephen P. Shepard
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: Probably. Md. Code Health General 8-505 provides that, after sentencing, the court may order the Department of Health and Mental Hygiene to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and may benefit from treatment if: (1) It appears to the court that the defendant has an alcohol or drug abuse problem; or (2) the defendant alleges an alcohol or drug dependency. The only exception is if the defendant is serving a sentence for a crime of violence, in which case the court may only order an evaluation once the defendant is eligible for parole. Here is a link to the relevant provision of the Code:

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