Q: How do you request evaluation pursuant to 8-505? What are the mandatory/standard elements of the motion that is required
A: It is best if a private attorney or the Public Defender files the 8-505 motion. Most of these are filed by the Public Defender's office and they should represent anyone who is incarcerated. Among other things, the Defendant will need to request to be evaluated through the Department of Health and Mental Hygiene pursuant to Md. Ann. Code, Health Gen. Art., Section 8-505, to provide the Court with the necessary information to consider placement in an appropriate treatment facility pursuant to Md. Ann. Code, Health Gen. Art., Section 8-507, and that any additional sentence be served through them. He will also need to consent to any and all treatment and the release of any and all information that is necessary for his evaluation and referral to a treatment program and to sign a Consent Form and Release of Information form.
Matthew J. Bronson agrees with this answer
1 user found this answer helpful
A: I agree with Mr. Scherr, the majority of 8-505/ 8-507 cases are handled by The Office of The Public Defender, and they are well suited to advocate for a favorable outcome if possible. As a caveat, if the 8-507 is granted, he or she must be dedicated and willing to participate in the program, and abide by the rules or they will find themselves back at their previous facility very soon afterward.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.