How Can a Judge Order A Defendant to Serve A Sentence?
Division of Correction
If a defendant is ordered to serve a sentence that is greated than 12 months imposed and executed, a judge may commit the defendant to the Division of Correction.
Local Detention Center
When a defendant’s sentence is not greater than 18 months, both imposed and executed, a defendant may be incarcerated in a local detention center.
Home Detention
Instead of being sentenced to serve incarceration in DOC or in a local detention center, for many offenses a judge can order a defendant to serve a sentence at home with the approved monitoring.
In-Patient Drug or Alchol Treatment Pursuant to Md. Code Ann. Health-Gen. §8-507.
For defendant’s who prove to the Court they are (1) drug dependent (2) non-violent and (3) amendable to drug rehabilitation through long-term in-patient treatment, a judge can place the defendant in long-term, in patient care in lieu of incarceration. In order for this placement to happen, the defendant usually provide testimony, medical records and other evidence to to show the required conditions for the treatment. When a judge is convinced there is a legitimate basis and evidence to support the request, the Court may refer the defendant to be evaluated by the Department of Health (DOH) as to whether the defendant is drug dependant, non-violent, and amendable to long-term treatment. When the DOH makes an evaluation that is favorable to the defendant, the court, may order long-term, in-patient drug treatment in lieu of incarceration. The treatment typically last from six months to a year and if successfully completed, the defendant is placed on supervised probation. If the defendant is not able to become drug free through treatement, the defendant is returned to the DOH.