Bailey v. Maryland

On February 12, 1990, Robert Lee Bailey pled guilty in the Circuit Court for Anne Arundel County to battery and a fourth degree sex offense. Judge Raymond G. Thieme, Jr., sentenced Bailey to a one-year term of confinement, which he then suspended and placed Bailey on five years probation subject to certain conditions. One of those conditions, spelled out in the Order for Probation, was that Bailey begin active participation in a residential treatment program at Omni House, Inc. by February 22, 1990. Omni House is a private, non-profit organization in Anne Arundel County funded by the State Department of Health and Mental Hygiene to work with troubled individuals. Shortly thereafter, Bailey petitioned the court to modify his sentence. After encountering problems getting admitted to Omni House's residential program by the required date, Bailey was accepted only into that organization's daytime program; however, he was also accepted into the residential program at St. Paul House in Baltimore City. He sought to secure the court's approval to modify the conditions of probation and receive his treatment in both programs. On April 16, 1990, Judge Thieme granted Bailey's request and signed a new order of probation specifying, in part, that Bailey was to enter St. Paul House ""for at least 6 months and successfully complete that program"" as well as the daytime program offered at Omni House. On October 1, 1990, the State charged Bailey with having violated this condition of his probation by failing to successfully complete the six month program at St. Paul House.