2018 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 9 - Miscellaneous Rules
§ 10-914. Probation or work release -- Controlled dangerous substances or alcohol testing

  • (a) Test results as evidence of violation of condition of probation or work release. -- A laboratory test, performed by a laboratory certified by the Maryland Department of Health and approved by the Division of Parole and Probation of the Department of Public Safety and Correctional Services, indicating that the defendant has used a controlled dangerous substance as defined in ยง 5-101 of the Criminal Law Article or alcohol in violation of a condition of the defendant's probation or work release, is sufficiently reliable to justify revocation of the defendant's probation or work release, without an expert witness from the laboratory testifying in court to support the contents of a report of the laboratory test.

  • (b) Requirements of laboratory test report. -- A report of a laboratory test described under this section shall:

    • (1) Identify the chemist or analyst who performed the laboratory test as an individual qualified, under standards approved by the Maryland Department of Health, to perform the laboratory test;

    • (2) Be signed by the chemist or analyst who performed the laboratory test; and

    • (3) Contain a statement that:

      • (i) The material delivered to the chemist or analyst who performed the laboratory test was properly tested under procedures and equipment approved by the Maryland Department of Health;

      • (ii) The procedures of the laboratory test are reliable; and

      • (iii) The laboratory test indicates that the defendant used a controlled dangerous substance or alcohol.

  • (c) Prima facie evidence. -- A report of a laboratory test is prima facie evidence of the results of the laboratory test.

  • (d) Right to support or contradict. -- Nothing in this section precludes the right of any party to introduce any evidence that supports or contradicts the evidence contained in or the presumptions raised by the report of the laboratory test described under subsection (b) of this section.

  • (e) Cross-examination of chemist or analyst. -- Subject to the provisions of subsection (f) of this section, if a laboratory report or statement is admitted in evidence, the chemist or analyst who performed the laboratory test is subject to cross-examination by any party to the proceeding.

  • (f) Chemist or analyst as prosecution witness. --

    • (1) On written demand of a defendant filed in the proceeding at least 5 days before the hearing to revoke a defendant's probation or work release, the prosecution shall require the presence of the chemist or analyst who performed the test or any individual in the chain of custody or control as a prosecution witness.

    • (2) The provisions of subsections (a), (b), and (c) of this section concerning prima facie evidence do not apply to the testimony of a witness whose presence is required under this subsection.

    • (3) Subsections (a), (b), and (c) of this section apply in a proceeding to revoke a defendant's probation or work release only when a copy of the report of the laboratory test or the statement to be introduced is mailed, delivered, or made available to counsel for the defendant or to the defendant personally when the defendant is not represented by counsel, at least 10 days prior to the introduction of the report of the laboratory test or the statement at the hearing.

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