Bill > HB940

This bill establishes a new legal provision allowing courts to place defendants with autism spectrum disorder or intellectual disabilities on probation before judgment under specific conditions. If a defendant pleads guilty or is found guilty of a crime and is diagnosed with either autism (as defined in the Diagnostic and Statistical Manual of Mental Disorders) or an intellectual disability (as defined in Maryland's Health-General Article), the court may stay the judgment and place them on probation. To do so, the court must find clear and convincing evidence that the criminal conduct was a direct manifestation of the defendant's disorder or disability, and that granting probation would be in the best interests of the defendant, as well as in the interests of public safety and justice. When making this determination, the court must consider the position of the state and any statements made by victims or their representatives. The bill will take effect on October 1, 2025, and aims to provide a more nuanced approach to criminal sentencing for individuals with specific neurodevelopmental conditions by recognizing how these conditions might impact criminal behavior.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0940?ys=2025RS