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.
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