This section shall be liberally construed to carry out the purpose of relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant in a criminal case before verdict or pending a new trial. Except as provided in subsection (c) of this section, if, from all the circumstances, the court believes that a minor or adult defendant in a criminal case will appear as required for trial before verdict or pending trial, the defendant may be released on personal recognizance. A failure to appear as required by personal recognizance is subject to the penalties provided in § 5-211 of this title. A defendant may not be released on personal recognizance if the defendant is charged with: a crime listed in § 5–202(d) of this title after having been convicted of a crime listed in § 5–202(d) of this title; or a crime punishable by life imprisonment without parole.

A defendant charged with a crime punishable by life imprisonment may be released on bail or other conditions of release before conviction.

In this section, “pretrial risk scoring instrument” means a tool, a metric, an algorithm, or software that is used to assist in determining the eligibility of a defendant for pretrial release in a pretrial proceeding based on the defendant’s flight risk and threat to community safety. A jurisdiction that uses a pretrial risk scoring instrument to determine the eligibility of a defendant for pretrial release shall have an independent validation study of the pretrial risk scoring instrument conducted at least once every 5 years.

In this section the following words have the meanings indicated. “Civil immigration violation” means a violation of federal civil immigration law. “Court order” does not include a document issued by: the United States Department of Homeland Security; the United States Department of Justice; or any successor agency. “Family member” means a relative by blood, adoption, or marriage. “Household member” means a person who lives with another or is a regular presence in the home of another. “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article. “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility. “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article. “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article. In this subsection, “arrest” does not include a routine booking procedure. Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions: inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest; detain, or prolong the detention of, an individual: for the purpose of investigating the individual’s citizenship or immigration status; or based on the suspicion that the individual has committed a civil immigration violation; transfer an individual to federal immigration authorities unless required by federal law; coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or: the individual’s family member; the individual’s household member; the individual’s legal guardian; or another individual for whom the individual is a legal guardian; or provide federal immigration authorities with information about an individual obtained in the course of the law enforcement agent’s duties unless required by a valid court order. Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation. If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may: notify the individual of the protection or requirement; and provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.

In this section, “immigration enforcement agreement” means a contract, an agreement, an intergovernmental service agreement, or a memorandum of understanding with the federal government that authorizes the State, a unit of local government, a county sheriff, or any agency, officer, employee, or agent of the State or a unit of local government to enforce civil immigration law. “Immigration enforcement agreement” includes an agreement made in accordance with: 8 U.S.C. § 1103; 8 U.S.C. § 1357; or any other federal law. The State, a unit of local government, a county sheriff, or any agency, officer, employee, or agent of the State or a unit of local government may not enter into an immigration enforcement agreement.

This section applies only in Baltimore City. If a defendant is released before trial, the Department of Public Safety and Correctional Services shall provide notice within 24 hours of the release to the Baltimore Police Department. Notice provided under this section shall be provided in a manner that allows the sorting and filtering of the information provided by the Department of Public Safety and Correctional Services.