CRYSTAL BROOKMAN v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Nazarian, April 27, 2017,
Drug Court – Drug Court “sanctions” related to liberty cannot be imposed until a full, due-process adversarial hearing has been conducted
Affirmed by COA
The Court refers to 16-206(e) (prohibition against gratuities), but probably intended to refer to 16-207(f) (Problem-Solving Court Programs)
Facts: Brookman was convicted and sentenced to probation and successful completion of Montgomery County’s Drug Court. During probation, Brookman twice tested positive for drugs.
Problem-Solving Courts – Sanctions- Immediate sanctions involving loss of liberty or termination from the program require notice, right to representation, and right to be heard.
Problem-Solving Courts – Sanctions- Due Process- The right to be heard includes the right to review and analyze test results and offer testimony in her defense