# Criminal Procedure (GCP)

## Title 5. Release

### Subtitle 2. Pretrial Release

#### Section 5-201.1

(a) In this section, "immigration detainer" has the meaning stated in Sec. 8-805 of the Correctional Services Article.

(b) 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:

  (1) authorize pretrial release for a defendant charged with a felony; or

  (2) set bond or bail for a defendant charged with a felony.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)