In this subtitle, “program” means a home detention program established under this subtitle.

With the Secretary’s approval, the Commissioner may establish a home detention program under which an incarcerated individual in the custody of the Commissioner may live in a private dwelling that the Commissioner or the Commissioner’s designee approves.

An incarcerated individual in the program shall be supervised by means of: electronic devices; and direct contact by employees of the Division.

An incarcerated individual is not eligible for the program if the incarcerated individual: is serving a life sentence; has been found guilty of a crime of violence as defined in § 14–101 of the Criminal Law Article unless: 5 years have elapsed since expiration of the sentence for the crime of violence; or the incarcerated individual is within 90 days of release on parole or mandatory supervision; or has been found guilty of the crime of: child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or escape under § 9–404 of the Criminal Law Article.

An incarcerated individual may be placed in the program if: the incarcerated individual agrees to waive the incarcerated individual’s right to contest extradition; the Commissioner or the Commissioner’s designee approves the placement; and the incarcerated individual has served any statutorily imposed minimum sentence, less the allowances for diminution of the incarcerated individual’s term of confinement provided under Subtitle 7 of this title and § 6–218 of the Criminal Procedure Article.

While in the program, an incarcerated individual must remain in the incarcerated individual’s approved dwelling except: with the approval of the program administrator, to go directly to and from: the incarcerated individual’s approved place of employment; medical or mental health treatment; or offices of the Department; as required by legitimate medical or other emergencies; or as otherwise allowed or directed by the program administrator.

An incarcerated individual in the program is responsible for all of the incarcerated individual’s living expenses, including those for food, clothing, shelter, and utilities. Unless otherwise allowed by the Commissioner or the Commissioner’s designee, as a condition of participation in the program, an incarcerated individual shall make any court ordered payments for the support of dependents.

To satisfy court ordered restitution that an incarcerated individual in the program owes, the Division shall: determine the amount of reasonable payments; and collect and disburse the payments. The Division shall establish a reasonable fee for the cost of electronic supervision and, except as provided in paragraph (2) of this subsection, collect the fee from each incarcerated individual in the program. If the Division determines that an incarcerated individual cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the incarcerated individual wholly or partly from the fee.

An incarcerated individual who willfully violates the conditions of the incarcerated individual’s placement in the program is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year. Notwithstanding § 9–104 of this article, a sentence under this subsection may be to the jurisdiction of the Division. Commission of any crime by an incarcerated individual constitutes a violation of the conditions of the incarcerated individual’s placement in the program. An incarcerated individual who knowingly violates § 3–406 of this subtitle is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.

An incarcerated individual in the program is not an agent or employee of the Division.

An incarcerated individual’s participation in the program does not affect the incarcerated individual’s eligibility for parole, diminution credits, or other privileges available by law to incarcerated individuals in the custody of the Commissioner.

The Commissioner shall employ correctional employees to monitor and provide security for incarcerated individuals in the program. A correctional employee designated to monitor incarcerated individuals in the program may: obtain and execute search warrants as authorized under § 3–415 of this subtitle; and make arrests as authorized under § 2–207 of the Criminal Procedure Article. A correctional employee authorized to make arrests under this section shall: meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.

The Commissioner or the Commissioner’s designee may remove an incarcerated individual from the program at any time and for any reason.

With the Secretary’s approval, the Commissioner shall adopt regulations to implement the program. Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.

The Commissioner or the Commissioner’s designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an incarcerated individual in the program to search for the incarcerated individual. An application for a search warrant shall: be in writing; be verified by the applicant; and describe the premises to be searched and the nature, scope, and purpose of the search. A judge who receives an application for a search warrant may issue a warrant on a finding that: the scope of the proposed search is reasonable; and obtaining consent to enter the premises may jeopardize the attempt to take custody of the incarcerated individual. A search warrant issued under this section shall specify the location of the premises to be searched. A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant. A search warrant issued under this section shall be executed and returned to the issuing judge: within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or within 15 days after the warrant is issued, if no period is specified in the warrant.