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Rule 4-346 – Probation

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Manner of Imposing. When placing a defendant on probation, the court shall advise the defendant of the conditions and duration of probation and the possible consequences of a violation of any of the conditions. The court also shall file and furnish to the defendant a written order stating the conditions and duration of probation.
(b) Modification of Probation Order. During the period of probation, on motion of the defendant or of any person charged with supervising the defendant while on probation or on its own initiative, the court, after giving the defendant an opportunity to be heard, may modify, clarify, or terminate any condition of probation, change its duration, or impose additional conditions.
(c) Delivery or Transmittal to the Division of Parole and Probation. The clerk shall deliver or transmit a copy of any probation order, the details or a copy of any order or judgment of restitution, and the details or a copy of any request for victim notification to the Division of Parole and Probation.

Md. Crim. Causes. 4-346

This Rule is derived in part from former Rule 774 and M.D.R. 774, and is in part new.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 22, 1989, eff. Jan. 1, 1990; Oct. 31, 2002, eff. Jan. 1, 2003; April 5, 2005, eff. July 1, 2005; Sept. 10, 2009, eff. Oct. 1, 2009; April 9, 2018, eff. July 1, 2018; Oct. 10, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order inserted the cross reference following section (b).

2005 Orders

The April 5, 2005, order amended the cross reference following section (b).

2009 Orders

The September 10, 2009, order amended the cross reference following section (b).

2018 Orders

The April 9, 2018 order, added a sentence to the cross reference following section (b) to reflect statutory changes effected by Chapter 515, Laws of 2016 (SB 1005 ).

The October 10, 2018 order added a new section (c) pertaining to the delivery of probation orders, judgments of restitution, and victim notifications to the Division of Parole and Probation.

For orders of probation or parole recommending that a defendant reside in or travel to another state as a condition of probation or parole, see the Interstate Compact for Adult Offender Supervision, Code, Correctional Services Article, § 6-201 et seq. For evaluation as to the need for drug or alcohol treatment before probation is ordered in cases involving operating a motor vehicle or vessel while under the influence of or impaired by drugs or alcohol, see Code, Criminal Procedure Article, § 6-220. For victim notification procedures, see Code, Criminal Procedure Article, § 11-104(f). For procedures concerning compliance with restitution judgments, see Code, Criminal Procedure Article, § 11-607.