In this subtitle, “term of confinement” means:
the length of the sentence, for a single sentence; or
the period from the first day of the sentence that begins first through the last day of the sentence that ends last, for:
concurrent sentences;
partially concurrent sentences;
consecutive sentences; or
a combination of concurrent and consecutive sentences.
Subject to subsections (b) and (c) of this section, § 3–711 of this subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the custody of the Commissioner is entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle, if the incarcerated individual was previously convicted of a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years.
Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this subtitle only from the date that the incarcerated individual is received into the physical custody of the Commissioner.
An incarcerated individual shall be allowed a deduction in advance from the incarcerated individual’s term of confinement.
The deduction allowed under subsection (a) of this section shall be calculated:
from the first day of commitment to the custody of the Commissioner through the last day of the incarcerated individual’s term of confinement;
except as provided in paragraph (2) of this subsection, at the rate of 10 days for each calendar month; and
on a prorated basis for any portion of a calendar month.
If an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article, the deduction described in subsection (a) of this section shall be calculated at the rate of 5 days for each calendar month.
A deduction under this section may not be allowed for a period during which an incarcerated individual does not receive credit for service of the incarcerated individual’s term of confinement, including a period:
during which the incarcerated individual’s sentence is stayed;
during which the incarcerated individual is not in the custody of the Commissioner because of escape; or
for which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.
In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory performance of assigned work tasks.
The deduction described in paragraph (1) of this subsection shall be calculated:
from the first day that the work task is performed; and
on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the work task.
The Commissioner shall adopt regulations governing the determination of deductions authorized under this section.
In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in or completion of:
vocational courses;
other educational and training courses;
workforce development training;
cognitive–behavioral therapy;
substance abuse therapy;
life skills training; or
antiviolence therapy, including anger management and conflict resolution.
The deduction described in subsection (a) of this section shall be calculated:
from the first day that the incarcerated individual participates in the course; and
on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the course.
In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction from the incarcerated individual’s term of confinement if the incarcerated individual successfully obtains:
an intermediate high academic certificate;
not more than one certificate of completion of a technical or vocational training program that required at least 600 hours of coursework and is approved by the Secretary of Labor and the Commissioner;
a State High School Diploma by Examination under § 11–808 of the Labor and Employment Article;
a high school diploma;
not more than one associate degree; or
not more than one bachelor’s degree.
Except as provided in paragraphs (2) and (3) of this subsection, the deduction allowed under subsection (a) of this section shall be 60 days per program completed.
Except as provided in paragraph (3) of this subsection, for an incarcerated individual who is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, the deduction allowed under subsection (a) of this section shall be 40 days per program completed.
An incarcerated individual who is serving a sentence for murder in the first degree or a sexual offense for which registration under Title 11, Subtitle 7 of the Criminal Procedure Article is required is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this section.
The deduction allowed under this subsection shall be in addition to any other deduction awarded under this subtitle.
The Commissioner shall establish a uniform system of deductions and participation criteria allowed under subsection (a) of this section.
Except as provided in paragraph (2) of this subsection, in addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in those special selected work projects or other special programs, including recidivism reduction programming, designated by the Commissioner and approved by the Secretary.
The deduction described in paragraph (1) of this subsection shall be calculated at the rate of up to 10 days for each calendar month, if an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for:
a crime of violence, as defined in § 14–101 of the Criminal Law Article;
a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; or
a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article.
A deduction described in subsection (a) of this section shall be calculated:
from the first day that the incarcerated individual is assigned to the work project or program; and
on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the work project or program.
Except as provided in § 3–706.1 of this subtitle, and notwithstanding any other provision of this subtitle, an incarcerated individual may not be allowed a deduction under this subtitle of more than:
20 days for a calendar month for an incarcerated individual described in § 3–707(a)(2) of this subtitle; and
30 days for a calendar month for all other incarcerated individuals.
If an incarcerated individual violates the applicable rules of discipline, the Division may revoke a portion or all of the diminution credits awarded under §§ 3–704 (good conduct) and 3–707 (special projects) of this subtitle according to the nature and frequency of the violation.
This section does not affect the diminution credits awarded under §§ 3–705 (work tasks) and 3–706 (education) of this subtitle.
The Division may restore diminution credits revoked under this section.
The Commissioner shall adopt regulations governing the restoration of revoked diminution credits.
If an incarcerated individual in the Patuxent Institution or a correctional facility in the Division is admitted to a mental health facility under § 10–614 of the Health – General Article, the incarcerated individual may be allowed diminution credits under this subtitle.
If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on parole and the parole is revoked, diminution credits that were awarded before the incarcerated individual’s release on parole may not be applied toward the incarcerated individual’s term of confinement on return to the Division.