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Post-Conviction Drug Treatment - 8-505 Evaluations and 8-507 Placements

Posted by Kathryn Batey | Mar 14, 2024 | 0 Comments

In Maryland, a Judge can order an evaluation of anyone charged with a crime under Maryland Health General Article 8-505 to determine if that individual would be a good candidate for inpatient drug treatment. This evaluation can take place at anytime, before or after sentencing, but is often used by Judges after sentencing to release someone to a treatment program after they have served a portion of their sentence. 

8-505 Evaluation Order 

Under the law, the Maryland Department of Health shall conduct an evaluation and submit a report within seven days of receiving the order from the judge - but this timeline is often much longer in practice. If someone is incarcerated, an evaluator must visit the individual at the correctional institution to conduct the evaluation, write the report, and submit it to the court file. 

If an individual has been sentenced to a crime of violence, they are not eligible to be evaluated until they are also parole eligible, which occurs once they have served 50% of the time ordered by the sentencing Judge. 

8-507 Placements 

If an evaluator recommends someone receive drug and alcohol treatment, then the judge may set the case in for an 8-507 Hearing to determine whether to release the individual from incarceration and commit them to an inpatient treatment facility supervised by the Department of Health. The sentencing Judge will often suspend the balance of an individuals sentence and commit the person to the care and custody of the Department of Health. An 8-507 placement cannot be shorter than 72 hours or longer than 1 year - although the Department can request to extend the inpatient time in 6 month increments if necessary. The treatment provider will provide updates to the court and typically the individual will be supervised by Parole and Probation while in treatment. 

Whether an 8-505/8-507 Request fits you or your loved ones case requires experienced analysis and will be different for each person and each situation. Factors such as the wording of a plea agreement, the amount of jail time an individual is serving, and the prior history of drug treatment can all make a difference in a case. At Safe Harbor Criminal Defense we are experienced in analyzing a case and placing these timely requests before the court to help get you or your loved one the treatment they need. Contact Us Today

About the Author

Kathryn Batey

Kathryn Batey, the owner and firm practioner, has spent the entirety of her legal career defending clients against the justice system.  Kathryn graduated from American University's Washington College of law in 2012 and went to work immediately for the Maryland Office of the Public Defender, where...


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