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<section article="gcp" article_name="Criminal Procedure" number="5-201" title_number="5" title_name="Release" subtitle_number="2" subtitle_name="Pretrial Release">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>the defendant qualifies as an indigent individual under § 16–210 of this article; or</text>
      </level>
      <level label="ii">
        <text>a home detention monitoring device or global positioning system device is provided by the State or a local jurisdiction.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
</section>
