When substance abuse plays a role in criminal charges, Maryland law allows certain defendants to pursue treatment instead of—or in addition to—traditional incarceration. Two key options are found under the Maryland Health-General Article: the 8-505 evaluation and the 8-507 placement. These processes can provide a pathway to inpatient drug treatment for individuals struggling with addiction, while also addressing public safety and rehabilitation goals.
What Is an 8-505 Evaluation?
Under § 8-505 of the Maryland Health-General Article, a judge can order an evaluation of a person charged with or convicted of a crime to determine if they are a suitable candidate for inpatient drug and alcohol treatment.
- When it happens: The evaluation can be ordered before or after sentencing. Judges often use it after sentencing when considering whether to release someone to a treatment program after they have served part of their sentence.
- Who conducts it: The Maryland Department of Health is required by law to complete the evaluation and submit a report within seven days. In practice, delays are common, especially when evaluators must travel to correctional institutions to meet with incarcerated individuals.
- Eligibility limits: A person sentenced for a crime of violence is not eligible for evaluation until they become parole-eligible, which generally means serving at least 50% of their sentence.
What Is an 8-507 Placement?
If the evaluation recommends treatment, the judge may schedule an 8-507 hearing to decide whether the individual should be released from incarceration and committed to an inpatient program.
Key details about § 8-507 placements include:
- Duration: The placement must last at least 72 hours and can extend up to one year. The Department of Health may request six-month extensions if needed.
- Supervision: While in treatment, the person is typically supervised by Maryland Parole and Probation, and the treatment provider must submit progress reports to the court.
- Sentence impact: Judges often suspend the balance of a person’s sentence when granting an 8-507 placement, transferring custody to the Department of Health for the duration of treatment.
Why Legal Guidance Matters
Whether an 8-505 evaluation or 8-507 placement is appropriate depends on the unique circumstances of each case. Factors such as:
- The terms of a plea agreement,
- The amount of jail time already served, and
- The individual’s history of prior treatment
all play a major role in how a court may rule.
At Southern Maryland Criminal Defense, we have extensive experience navigating these requests in Prince George’s, Charles, Calvert, and St. Mary’s Counties. We understand how to time and present these motions to give our clients the best opportunity for treatment and rehabilitation.
Get Help Today
If you or a loved one is incarcerated and struggling with addiction, an 8-505 evaluation or 8-507 placement may be a life-changing option. Contact Southern Maryland Criminal Defense today to discuss your case and learn how we can help.
