<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gbo" title_number="20" subtitle_number="4" title_name="Private Home Detention" subtitle_name="Responsibilities of Private Home Detention Monitoring Agency">
  <section article="gbo" article_name="Business Occupations and Professions" number="20-401" title_number="20" title_name="Private Home Detention" subtitle_number="4" subtitle_name="Responsibilities of Private Home Detention Monitoring Agency">
    <level label="a">
      <text>A private home detention monitoring agency shall:</text>
      <level label="1">
        <text>monitor individuals in accordance with any applicable orders of court;</text>
      </level>
      <level label="2">
        <text>monitor 24 hours a day and 7 days a week individuals who are under a court order that requires monitoring by a private home detention monitoring agency; and</text>
      </level>
      <level label="3">
        <text>utilize electronic equipment or other monitoring methods that meet or exceed standards established in regulations by the Secretary.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>Except as provided in paragraphs (2) and (3) of this subsection, on determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has violated a condition of home detention monitoring, the private home detention monitoring agency responsible for monitoring the defendant shall notify within 24 hours:</text>
        <level label="i">
          <text>the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and</text>
        </level>
        <level label="ii">
          <text>the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.</text>
        </level>
      </level>
      <level label="2">
        <text>On determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has tampered with home detention monitoring equipment or failed to maintain home detention monitoring equipment as required by a court order, the private home detention monitoring agency responsible for monitoring the defendant shall notify within 1 hour:</text>
        <level label="i">
          <text>the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and</text>
        </level>
        <level label="ii">
          <text>the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.</text>
        </level>
      </level>
      <level label="3">
        <text>On determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has entered an area that the defendant is expressly prohibited from entering as a condition of pretrial release, the private home detention monitoring agency responsible for monitoring the defendant shall notify immediately:</text>
        <level label="i">
          <text>the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and</text>
        </level>
        <level label="ii">
          <text>the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as provided in paragraphs (2) and (3) of this subsection, on determining that an individual who is subject to private home detention monitoring as a condition of probation has violated a condition of home detention monitoring, the private home detention monitoring agency responsible for monitoring the individual shall notify within 24 hours the Division of Parole and Probation.</text>
      </level>
      <level label="2">
        <text>On determining that an individual who is subject to private home detention monitoring as a condition of probation has tampered with home detention monitoring equipment, or failed to maintain home detention monitoring equipment as required by a court order, the private home detention monitoring agency responsible for monitoring the individual shall notify within 1 hour the Division of Parole and Probation.</text>
      </level>
      <level label="3">
        <text>On determining that an individual who is subject to private home detention monitoring as a condition of probation has entered an area that the individual is expressly prohibited from entering as a condition of pretrial release, the private home detention monitoring agency responsible for monitoring the individual shall notify immediately the Division of Parole and Probation.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>A private home detention monitoring agency may not knowingly fail to give notice as required by this section.</text>
      </level>
      <level label="2">
        <text>The Secretary may impose a civil penalty on a private home detention monitoring agency for a violation of this subsection that does not exceed:</text>
        <level label="i">
          <text>$1,000 for the first day for which the private home detention monitoring agency fails to give notice; and</text>
        </level>
        <level label="ii">
          <text>$250 for each subsequent day the private home detention monitoring agency fails to give notice.</text>
        </level>
      </level>
    </level>
    <level label="e">
      <text>On request by the Division of Parole and Probation, the private home detention monitoring agency responsible for monitoring an individual who is subject to monitoring as a condition of probation shall forward a report of the individual’s compliance during the monitoring period.</text>
    </level>
    <level label="f">
      <text>A report under subsection (e) of this section, at a minimum, shall include:</text>
      <level label="1">
        <text>the conditions of monitoring set by the sentencing court;</text>
      </level>
      <level label="2">
        <text>all infractions that the individual has committed during the monitoring period, even if the infraction did not result in a reported violation to the Division of Parole and Probation or the sentencing court; and</text>
      </level>
      <level label="3">
        <text>any other information in the possession of the private home detention monitoring agency concerning the individual that the Division of Parole and Probation determines is relevant.</text>
      </level>
    </level>
  </section>
</subtitle>