The court or a District Court commissioner shall consider including, as a condition of pretrial release for a defendant, reasonable protections for the safety of the alleged victim. If a victim has requested reasonable protections for safety, the court or a District Court commissioner shall consider including, as a condition of pretrial release, provisions regarding no contact with the alleged victim or the alleged victim’s premises or place of employment. In accordance with eligibility criteria, conditions, and procedures required under the Maryland Rules, the court may require, as a condition of a defendant’s pretrial release, that the defendant be monitored by a private home detention monitoring agency licensed under Title 20 of the Business Occupations and Professions Article. Except as provided under paragraph (3) of this subsection, a defendant placed in private home detention under paragraph (1) of this subsection shall pay directly to the private home detention monitoring agency the agency’s monitoring fee. Subject to the availability of federal funding under paragraph (4) of this subsection, a defendant may not be required to pay a private home detention monitoring agency’s monitoring fee or pay for a home detention monitoring device if: the defendant qualifies as an indigent individual under § 16–210 of this article; or a home detention monitoring device or global positioning system device is provided by the State or a local jurisdiction. The State shall use available federal funds to provide payment to a private home detention monitoring agency for any costs or fees incurred that are not required to be paid by a defendant under paragraph (3) of this subsection.

In this section, “immigration detainer” has the meaning stated in § 8–805 of the Correctional Services Article. In addition to any other factor allowed by the Maryland Rules or common law, a District Court commissioner or a judge may consider the existence of an immigration detainer when determining whether to: authorize pretrial release for a defendant charged with a felony; or set bond or bail for a defendant charged with a felony.

A District Court commissioner may not authorize pretrial release for a defendant charged with escaping from a correctional facility or any other place of confinement in the State. A District Court commissioner may not authorize the pretrial release of a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article. A judge may authorize the pretrial release of a defendant charged as a drug kingpin on suitable bail and on any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community. There is a rebuttable presumption that, if released, a defendant charged as a drug kingpin will flee and pose a danger to another person or the community. A District Court commissioner may not authorize the pretrial release of a defendant charged with a crime of violence if the defendant has been previously convicted: in this State of a crime of violence; in any other jurisdiction of a crime that would be a crime of violence if committed in this State; or of an offense listed in subsection (f)(1) of this section. A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on: suitable bail; any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or both bail and other conditions described under item 2 of this subparagraph. When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial. There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community. A District Court commissioner may not authorize the pretrial release of a defendant charged with committing one of the following crimes while the defendant was released on bail or personal recognizance for a pending prior charge of committing one of the following crimes: aiding, counseling, or procuring arson in the first degree under § 6–102 of the Criminal Law Article; arson in the second degree or attempting, aiding, counseling, or procuring arson in the second degree under § 6–103 of the Criminal Law Article; burglary in the first degree under § 6–202 of the Criminal Law Article; burglary in the second degree under § 6–203 of the Criminal Law Article; burglary in the third degree under § 6–204 of the Criminal Law Article; causing abuse to a child under § 3–601 or § 3–602 of the Criminal Law Article; a crime that relates to a destructive device under § 4–503 of the Criminal Law Article; a crime that relates to a controlled dangerous substance under §§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article; and a crime of violence. A defendant under this subsection remains ineligible to give bail or be released on recognizance on the subsequent charge until all prior charges have finally been determined by the courts. A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on suitable bail and on any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community. There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community if released before final determination of the prior charge. A District Court commissioner may not authorize the pretrial release of a defendant charged with violating: the provisions of a temporary protective order described in § 4–505(a)(2)(i) of the Family Law Article or the provisions of a protective order described in § 4–506(d)(1) of the Family Law Article that order the defendant to refrain from abusing or threatening to abuse a person eligible for relief; or the provisions of an order for protection, as defined in § 4–508.1 of the Family Law Article, issued by a court of another state or of a Native American tribe that order the defendant to refrain from abusing or threatening to abuse a person eligible for relief, if the order is enforceable under § 4–508.1 of the Family Law Article. A judge may allow the pretrial release of a defendant described in paragraph (1) of this subsection on: suitable bail; any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or both bail and other conditions described under item (ii) of this paragraph. When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial. A District Court commissioner may not authorize the pretrial release of a defendant charged with one of the following crimes if the defendant has previously been convicted of a crime of violence or one of the following crimes: wearing, carrying, or transporting a handgun under § 4–203 of the Criminal Law Article; use of a handgun or an antique firearm in commission of a crime under § 4–204 of the Criminal Law Article; violating prohibitions relating to assault weapons under § 4–303 of the Criminal Law Article; use of a machine gun in a crime of violence under § 4–404 of the Criminal Law Article; use of a machine gun for an aggressive purpose under § 4–405 of the Criminal Law Article; use of a weapon as a separate crime under § 5–621 of the Criminal Law Article; possession of a regulated firearm under § 5–133 of the Public Safety Article; transporting a regulated firearm for unlawful sale or trafficking under § 5–140 of the Public Safety Article; or possession of a rifle or shotgun by a person with a mental disorder under § 5–205 of the Public Safety Article. A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on: suitable bail; any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or both bail and other conditions described under item 2 of this subparagraph. When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial. There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community. A District Court commissioner may not authorize the pretrial release of a defendant who: is registered, or the commissioner knows is required to register, under Title 11, Subtitle 7 of this article; or is a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government. A judge may authorize the pretrial release of a defendant described in paragraph (1) of this subsection on: suitable bail; any other conditions that will reasonably ensure that the defendant will not flee or pose a danger to another person or the community; or both bail and other conditions described under item 2 of this subparagraph. When a defendant described in paragraph (1) of this subsection is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued detention of the defendant if the judge determines that neither suitable bail nor any condition or combination of conditions will reasonably ensure that the defendant will not flee or pose a danger to another person or the community before the trial. There is a rebuttable presumption that a defendant described in paragraph (1) of this subsection will flee and pose a danger to another person or the community.

Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen. Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a defendant or a private surety acting for the defendant may post a bail bond by executing it in the full penalty amount and depositing with the clerk of court the greater of 10% of the penalty amount or $25. Except as provided in subparagraph (ii) of this paragraph, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State. Unless otherwise ordered by the court, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only. A bail bond commissioner may be appointed to carry out rules adopted under this section. A violation of a rule adopted under this section is contempt of court and shall be punished in accordance with Title 15, Chapter 200 of the Maryland Rules. A person may not engage in the business of becoming a surety for compensation on bail bonds in criminal cases unless the person is: approved in accordance with any rules adopted under this section; and if required under the Insurance Article, licensed in accordance with the Insurance Article.

In a criminal case in a circuit court in which the defendant is allowed to give bail, the clerk of the court may take the bail if: the court adjourns before the defendant has secured the bail; and the court before adjournment, or any judge of the court after adjournment, issues an order that sets the amount of the bail and directs the clerk to take the bail. If a defendant is arrested on indictment in a bailable case in a circuit court and is confined during the recess of the court, any judge of the court, by written order, may set the amount of the bail and direct the clerk to take the bail with security. The clerk may not accept security for bail unless: the person offering the security states under oath that the person owns real or personal property worth the amount of the bail, exclusive of the person’s right to exemption from execution; and the clerk is satisfied that the statement is true.

A District Court judge may: set bond or bail; release a defendant on personal recognizance or on a personal or other bail bond; commit a defendant to a correctional facility in default of a bail bond; order a bail bond forfeited if the defendant fails to meet the conditions of the bond; and exercise all of the powers of a justice of the peace under the Constitution of 1867. Except as provided in paragraph (2) of this subsection, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State. Unless otherwise expressly ordered by the court or District Court commissioner, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only. This subsection does not apply to a defendant who has been arrested for failure to appear in court or for contempt of court. Notwithstanding any other law or rule to the contrary, in a criminal or traffic case in the District Court in which a bail bond has been set and if expressly authorized by the court or District Court commissioner, the defendant or a private surety acting for the defendant may post the bail bond by: executing it in the full penalty amount; and depositing with the clerk of the court or a commissioner the greater of 10% of the penalty amount or $25. A judicial officer may increase the percentage of cash surety required in a particular case but may not authorize a cash deposit of less than $25. On depositing the amount required under paragraph (2) of this subsection and executing the recognizance, the defendant shall be released from custody subject to the conditions of the bail bond. When all conditions of the bail bond have been performed without default and the defendant has been discharged from all obligations in the cause for which the recognizance was posted, the clerk of the court shall return the deposit to the person or private surety who deposited it. If the defendant fails to perform any condition of the bail bond, the bail bond shall be forfeited. If the bail bond is forfeited, the liability of the bail bond shall extend to the full amount of the bail bond set and the amount posted as a deposit shall be applied to reduce the liability incurred by the forfeiture.

In a criminal case, a judge may reinstate any bail, bond, or recognizance for criminal charges discharged at a preliminary hearing in the District Court, if a new charging document arises out of the substantially same set of facts.

If a defendant is found guilty in a circuit court and sentenced to imprisonment, a bond on which the defendant was released before the sentencing is terminated. If the defendant files a notice of appeal and the sentencing court requires a bond to be posted, the defendant shall post a new bond.

In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court. Subject to paragraph (2) of this subsection, a court that exercises criminal jurisdiction shall strike out a forfeiture of bail or collateral and discharge the underlying bail bond if the defendant can show reasonable grounds for the defendant’s failure to appear. The court shall allow a surety 90 days after the date of the defendant’s failure to appear or, for good cause shown, 180 days to return the defendant before requiring the payment of any forfeiture of bail or collateral. The court shall strike out a forfeiture of bail or collateral and deduct only the actual expense incurred for the defendant’s arrest, apprehension, or surrender, if: the surety paid the forfeiture of bail or collateral during the period allowed for the return of the defendant under subparagraph (i) of this paragraph; the defendant is returned; and the arrest, apprehension, or surrender occurs more than 90 days after the defendant’s failure to appear or at the end of the period that the court allows to return the defendant. Evidence of confinement of a fugitive defendant in a correctional facility in the United States is a wholly sufficient ground to strike out a forfeiture, if assurance is given that the defendant will come back to the jurisdiction of the court on expiration of the sentence at no expense to the State, county, or municipal corporation. Except as provided in paragraph (2) of this subsection, if the court indefinitely postpones trial of a criminal charge by marking the criminal charge “stet” on the docket: the defendant or other person who gave collateral for bail or recognizance is entitled to a refund; and if a bail bond or other security was given, the bail bond or other security shall be discharged. If the bail bond or other security has been declared forfeited and 10 years have passed since the bail bond or other security was posted, the defendant or other person may not receive a refund or discharge. A court exercising criminal jurisdiction may not order a forfeiture of the bail bond or collateral posted by a surety and shall give back the bail bond or collateral to the surety if: the defendant fails to appear in court; and the surety produces evidence, within the time limits established under subsection (b) of this section, that: the defendant is confined in a correctional facility outside the State; the State’s Attorney is unwilling to issue a detainer and later extradite the defendant; and the surety agrees in writing to defray the expense of returning the defendant to the jurisdiction in accordance with subsection (c) of this section. Subject to paragraph (3) of this subsection, a court exercising criminal jurisdiction that has ordered forfeiture of a bail bond or collateral after expiration of the time limits established under subsection (b) of this section for a surety to return a defendant shall give back the forfeited bail bond or collateral if, within 10 years after the date the bail bond or collateral was posted, the surety produces evidence that: the defendant is confined in a correctional facility outside the State; the State’s Attorney is unwilling to issue a detainer and later extradite the defendant; and the surety agrees in writing to defray the expense of returning the defendant to the jurisdiction in accordance with subsection (c) of this section. Subject to subparagraph (ii) of this paragraph, the court may not refund a forfeited bail bond or collateral to a surety under this subsection unless the surety paid the forfeiture of bail or collateral within the time limits established for the surety to return the defendant under subsection (b)(2)(i) of this section. The court may refund a forfeited bail bond or collateral that was not paid within the time limits established under subsection (b) of this section, if: on motion, the surety produces evidence that the defendant was incarcerated when the judgment of forfeiture was entered; and the court strikes out the judgment of forfeiture for fraud, mistake, or irregularity.

In this section, “property bondsman” means a person other than a defendant who executes a bail bond secured by real estate in the State. A property bondsman may authorize an agent in writing to execute on behalf of the property bondsman: a bail bond; and a declaration of trust or deed of trust to secure a bail bond by real estate. If all other requirements of law are met, a person authorized by law to take a bail bond shall take a bail bond secured by declaration of trust or deed of trust on real estate properly executed by an authorized agent of a property bondsman. A person who acts as a property bondsman for compensation shall provide to the court documentation of ownership, tax status, and liens against the property posted. A person described under paragraph (1) of this subsection who willfully provides false documentation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

In this section the following words have the meanings indicated. “Agent” means a person that acts or is authorized to act as the representative of a bail bondsman. “Bail bondsman” means a licensed limited surety agent or a licensed professional bail bondsman. “Bail bondsman” does not include a person that contracts with a public agency to provide bail bonds to persons detained in a correctional facility. On the grounds of a courthouse or correctional facility, a bail bondsman, an agent of a bail bondsman, an employee of the courthouse, or an employee of a correctional facility may not: approach, entice, or invite a person to use the services of a specific bail bondsman; distribute, display, or wear an item that advertises the services of a bail bondsman; or otherwise solicit business as a bail bondsman. A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $2,500, and if licensed in accordance with the Insurance Article, a 30–day license suspension for a first offense; and a fine not exceeding $5,000, and if licensed in accordance with the Insurance Article, a 90–day license suspension for a subsequent offense. A person convicted of a violation of subsection (b) of this section shall be referred to the Insurance Commissioner for appropriate action.

In this section, “private home detention monitoring agency” has the meaning stated in § 20–101 of the Business Occupations and Professions Article. On the grounds of a courthouse or correctional facility, an agent of a private home detention monitoring agency, an employee of the courthouse, or an employee of a correctional facility may not: approach, entice, or invite a person to use the services of a specific private home detention monitoring agency; distribute, display, or wear an item that advertises the services of a private home detention monitoring agency; or otherwise solicit business for a private home detention monitoring agency. A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $2,500 and, if licensed in accordance with Title 20 of the Business Occupations and Professions Article, a 30–day license suspension for a first offense; and a fine not exceeding $5,000 and, if licensed in accordance with Title 20 of the Business Occupations and Professions Article, a 90–day license suspension for a subsequent offense. A person licensed in accordance with Title 20 of the Business Occupations and Professions Article that is convicted of a violation of this section shall be referred to the Department for appropriate action.

If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest. On issuing a bench warrant under subsection (a) of this section, a judge may also set a bond in the case. If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph (1) of this subsection: a judicial officer shall mark the bench warrant satisfied; and the court shall reschedule the hearing or trial. A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness. This section does not diminish the power of a court to punish for contempt. A person who is prosecuted under subsection (c)(1) of this section is subject to § 5–106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.

This section does not apply to a citation: for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article; adopted by the Chief Judge of the District Court under § 1–605(d) of the Courts Article, for use in traffic offenses; or issued by a Natural Resources police officer under § 1–205 of the Natural Resources Article. A bench warrant may be issued for the arrest of a defendant who fails to appear in court in response to a citation. A person who fails to appear in court in response to a citation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.

A court may issue a bench warrant for the arrest of a defendant who violates a condition of pretrial release. After a defendant is presented before a court, the court may: revoke the defendant’s pretrial release; or continue the defendant’s pretrial release with or without conditions.

A person, including an incarcerated person, may not violate a condition of pretrial or posttrial release or other pretrial or posttrial condition prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing: a violation of Title 3, Subtitle 3 of the Criminal Law Article against a victim who is a minor; a crime of violence as defined in § 5–101 of the Public Safety Article; a crime against a victim who is a person eligible for relief as defined in § 4–501 of the Family Law Article; or a violation of § 3–802 of the Criminal Law Article. A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days.

Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in person before the commissioner or judge in a case, the defendant may post bond by means of electronic transmission or hand delivery of the relevant documentation without appearing before the commissioner or judge, if authorized by: in the circuit court, the County Administrative Judge; and in the District Court, the Chief Judge of the District Court.

A defendant who is denied pretrial release by a District Court commissioner or who for any reason remains in custody after a District Court commissioner has determined conditions of release under Maryland Rule 4–216 shall be presented to a District Court judge immediately if the Court is in session, or if the Court is not in session, at the next session of the Court.