Many individuals struggling with substance abuse (alcohol or drugs) end up incarcerated. Sadly, they often leave prison or jail with the same untreated conditions that led to their incarceration in the first place.
However, in the state of Maryland, there’s a potential solution 8-505 / 8-507 commitments. These are typically referred to as “8-505” by inmates or a “health general commitment”.
This legal process allows eligible individuals to receive inpatient substance abuse treatment instead of serving their sentence in prison.
Here’s how it works:
8-505 Evaluation
Request for Evaluation:
An incarcerated person (or their attorney) can request an evaluation by the Maryland Department of Health and Mental Hygiene (DHMH). A request can be filed with the original sentencing court. This can happen before or during a criminal trial, before or after sentencing, or before or during a term of probation. It is worth nothing that the Court can order the 8-505 (without a request from the defendant or their attorney) if it feels that the defendant has an alcohol or drug dependency problem.
Judge’s Order:
If the judge approves the request, the DHMH will evaluate the individual. If the request is denied, the judge must indicate the reason for the denial on the record.
Evaluation and Report:
An evaluator will visit the individual at the correctional institution, conduct the evaluation, and submit a report to the court. The law states this should happen within 7 days, but in practice, it often takes longer.
Eligibility:
Those convicted of violent crimes aren’t eligible until they’re also eligible for parole, which is after serving 50% of their sentence.
For the specific details of the statute, review this article.
8-507 Placement
Recommendation for Treatment:
If the evaluation recommends treatment, the judge may hold an 8-507 hearing to determine if the individual should be released from prison and committed to an inpatient treatment facility.
Court Decision:
The judge has the discretion to grant or deny the commitment. If granted, the DHMH places the individual in an inpatient treatment facility, often suspending the remainder of their sentence. This process can take around six months after the order is signed for an inmate to secure a spot in a treatment facility.
Treatment Duration:
Placement can last from 72 hours to one year, with possible extensions in six-month increments. During the time the individual is in the treatment facility, they are typically supervised by the Department of Parole and Probation and the provider gives updates to the court. After the program is completed successfully, the judge may modify any remaining prison sentence.
Navigating 8-505/8-507 commitments can be complex.
Factors like the wording of a plea agreement, the length of the sentence, and prior drug treatment history can all impact the case.
If you or a loved one has been arrested or is currently incarcerated and struggles with substance abuse (alcohol or drugs), you should consult with a licensed attorney.