A quick overview of Maryland's "8-505 8-507" Release to Treatment Process
I get calls just about every day from family members and from incarcerated potential clients who are asking about an early release from prison under the Maryland law which most people know as “8-505 8-507.”
Here are a few quick questions (and answers) in case you or your family are looking for help with this sort of case.
Why is this called 8-505/8-507 anyway?
Easy answer - it’s called that because that is where this is found in Maryland law, in the Annotated Code of Maryland under Health General Article Section 8, Subsection 505 and 507
What is it, anyway?
This section of the code allows a judge to suspend a sentence in favor of substance abuse treatment (including alcohol abuse). It does NOT require a judge to do anything, but gives them the option to modify a person’s sentence under certain conditions.
What are those conditions or limits?
A judge cannot modify the sentence if a person is serving a mandatory sentence (with a few exceptions). If you were sentenced after October 1st, 2018 and you are serving a sentence for a crime of violence as listed in Criminal Law Article 14-101, you must also be far enough into your sentence that you are eligible for parole. If you’re not yet eligible for parole, you cannot be released to treatment - but only if you are serving a sentence for a crime of violence and you were sentenced after 10/1/2018.
There are no limits as to the type of the offense or the length of sentence, and you can be released to treatment even with a life sentence.
How’s the process work?
The first step is the “8-505” part - a judge can order an evaluation by the Department of Health to see if a person is in need of treatment, would be a good fit for treatment, and to determine what programs are available. A key part of this process is that the Department of Health is required to find a treatment bed. While there were delays in the past, the process now runs smoothly in most cases and treatment beds are usually available within a few weeks at the latest. The days of long delays - several months - are past.
If the report from the Health Department is favorable, then the Court can hold a hearing - much like a sentence modification hearing - and suspend the balance of the sentence in favor of release to a program recommended by the Department of Health. This can include inpatient/residential and outpatient options. Usually probation is imposed at the same time, although a person can also be supervised directly by the Health Department.
Is this a good option for me or my family member?
The best path is to call a lawyer to discuss the case in detail. Give me a call at 410-262-6694.