The Division may establish a work–release program.
Under the work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division may be granted the privilege of leaving actual confinement during necessary and reasonable hours:
to work at gainful public or private employment;
to attend school; or
under appropriate conditions, to seek employment.
An incarcerated individual may apply to the warden of the correctional facility in which the incarcerated individual is confined for permission to participate in the program.
An application shall include:
a statement by the incarcerated individual that the incarcerated individual agrees to abide by all terms and conditions of the particular plan that the Commissioner or the Commissioner’s designee adopts for the incarcerated individual;
the name and address of a proposed employer or school training program, if any; and
any other information that the Division or the Commissioner requires, including the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
A warden may recommend an incarcerated individual’s application to the Commissioner.
The Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the application.
If an incarcerated individual’s application is approved, the Commissioner or the Commissioner’s designee shall adopt a work–release plan for the incarcerated individual that:
contains terms and conditions that are necessary and proper;
may include the incarcerated individual’s waiver of the right to contest extradition proceedings; and
is signed by the incarcerated individual before the incarcerated individual participates in the work–release program.
At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the work–release program.
The Commissioner may grant weekend leave to an incarcerated individual if:
the incarcerated individual has participated for at least 2 months in the work–release program established under § 3–801 of this subtitle; and
the incarcerated individual’s direct Division supervisor in the work–release program recommends the incarcerated individual for weekend leave.
The Commissioner shall:
determine whether to grant authorization for weekend leave; and
establish terms and conditions for weekend leave, which may include the incarcerated individual’s waiver of the right to contest extradition proceedings.
Weekend leave may not begin before 6 p.m. Friday or end after 6 p.m. on the Sunday that immediately follows.
The Division shall designate correctional facilities in the Division to house incarcerated individuals in the work–release program established under § 3–801 of this subtitle.
If the designated facilities are not reasonably near the place of employment of an incarcerated individual who is in the work–release program, the Division may contract with a political subdivision of the State to house the incarcerated individual in a suitable local correctional facility.
The Commissioner shall include as a specific term or condition of an incarcerated individual’s work–release plan the place where the incarcerated individual is to be confined when not released under the work–release program.
An incarcerated individual who is released from actual confinement under a work–release plan may not willfully fail to return to the designated place of confinement at the designated times.
An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
An incarcerated individual who is employed in the community under a work–release plan shall surrender to the Division the incarcerated individual’s total earnings less any payroll deductions required by law.
The Division shall deduct from the incarcerated individual’s earnings in the following order of priority:
an amount the Division determines to be the cost to the State of providing food, lodging, and clothing for the incarcerated individual;
fees assessed under § 2–118 of this article;
the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual confinement under the work–release program;
subject to paragraph (3) of this subsection, any amount that the incarcerated individual is legally obligated to pay to support the incarcerated individual’s dependents; and
the amount that a court orders to be paid as restitution.
Any balance that remains after the deductions are made under subsection (a) of this section shall be:
credited to the incarcerated individual’s account; and
paid to the incarcerated individual on release.
Any amount deducted under paragraph (1)(iv) of this subsection shall be paid to an incarcerated individual’s dependents through the local social services administration in the county in which the dependents reside.
If any part of the incarcerated individual’s final earnings under a work–release plan are required to satisfy the obligatory deductions set forth in subsection (b) of this section, the balance of those earnings shall be forwarded to the incarcerated individual within 15 days after the incarcerated individual’s release from the Division’s jurisdiction.
An incarcerated individual who is employed in the community as a participant in the work–release program established under § 3–801 of this subtitle is not an agent, employee, or involuntary servant of the Division while released from confinement under the terms of a work–release plan.
Title 10, Subtitle 3 of this article does not apply when an incarcerated individual released under a work–release plan sustains an injury while engaged in gainful private employment.
Sections 3–801 through 3–805 of this subtitle do not affect:
an incarcerated individual’s eligibility for parole, as provided in Title 7 of this article; or
diminution of an incarcerated individual’s term of confinement, as provided in Subtitle 7 of this title.
The Division may establish an extended work–release program.
Under the extended work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:
to work at gainful employment;
to live in a noninstitutional environment; or
under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.
When an incarcerated individual who has been convicted of desertion or nonsupport of a spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner’s designee to determine the advisability of placing the incarcerated individual in the extended work–release program.
After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the placement of an incarcerated individual in the extended work–release program.
If an incarcerated individual is approved for placement in the extended work–release program, the Commissioner or the Commissioner’s designee shall adopt an extended work–release plan for the incarcerated individual.
An extended work–release plan:
shall contain terms and conditions that are necessary and proper;
shall be signed by the incarcerated individual before the incarcerated individual participates in the program; and
may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the extended work–release program.
In addition to any other terms and conditions contained in an extended work–release plan, a plan may provide:
that the incarcerated individual’s earnings be used to support the incarcerated individual’s family and reimburse the State for the incarcerated individual’s room and board; and
that the incarcerated individual work at gainful employment during necessary and reasonable hours;
that the incarcerated individual live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or
in special cases, to serve the general welfare and the best interests of the incarcerated individual’s family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the incarcerated individual live at home under intensive supervision by the Division of Parole and Probation.
An incarcerated individual who has been placed in an extended work–release plan, including an incarcerated individual who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an incarcerated individual who is actually confined in a correctional facility until the incarcerated individual:
is pardoned or paroled; or
has served the incarcerated individual’s full sentence less any diminution credits awarded under Subtitle 7 of this title.
If the Commissioner revokes an extended work–release plan, the incarcerated individual shall be returned to actual confinement in a correctional facility until a new plan is approved for the incarcerated individual.
Other State units, including the Department of Human Services and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work–release program.
The Commissioner may adopt regulations to implement the extended work–release program.
An incarcerated individual who is released from actual confinement under an extended work–release program may not willfully violate the terms of authorization for release in the incarcerated individual’s extended work–release plan.
An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant compassionate leave to an incarcerated individual confined in a correctional facility in the Division to visit a member of the incarcerated individual’s immediate family who is seriously ill or attend the funeral of a member of the incarcerated individual’s immediate family.
When granting compassionate leave to an incarcerated individual, the Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration shall:
issue a written authorization that:
specifies the conditions of the compassionate leave; and
may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings; and
file a copy of the authorization in the Commissioner’s office.
While on compassionate leave, an incarcerated individual at all times shall possess a copy of the authorization for compassionate leave.
The duration of compassionate leave shall include reasonable time:
for travel; and
for fulfilling the purpose of the leave.
The Commissioner may require an incarcerated individual to whom compassionate leave is granted or anyone acting on the incarcerated individual’s behalf to reimburse the Division for the expenses incurred by the Division in granting the leave.
The failure of an incarcerated individual to comply with the terms of the incarcerated individual’s authorization for compassionate leave is a violation of § 9–404 of the Criminal Law Article.
The Commissioner may adopt regulations to carry out this section.
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave within or outside of the State as provided under this section to an incarcerated individual who:
is confined in a correctional facility in the Division;
has been selected to participate in a prerelease program; and
is within 3 months of the incarcerated individual’s anticipated release.
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave to an incarcerated individual:
for an employment interview;
as part of a prerelease program relating to employment; or
to participate in a community treatment or educational program that will contribute to the incarcerated individual’s rehabilitation.
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration:
may grant weekend leave to an incarcerated individual if:
the incarcerated individual has participated for at least 2 months in a prerelease program as authorized under this section; and
the incarcerated individual’s direct Division supervisor in the prerelease program recommends the incarcerated individual for weekend leave; and
shall establish the terms and conditions of weekend leave, which may include the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
Weekend leave may not begin before 6 p.m. on Friday or end after 6 p.m. on the Sunday that immediately follows.
On the recommendation of treatment staff and with the approval of the managing official of a correctional facility in the Division, the Commissioner or Deputy Commissioner may grant special leave to an incarcerated individual to allow an incarcerated individual to participate in a special community or other meritorious program or activity within or outside of the State that the Commissioner and managing official believe:
would benefit the incarcerated individual;
would not be detrimental to the public; and
would help rehabilitate the incarcerated individual.
The Commissioner or Deputy Commissioner may grant special leave for the purpose of allowing an incarcerated individual to:
attend an educational program;
improve job skills;
attend a trade licensing examination;
be interviewed for employment;
participate as a volunteer for a governmental unit in an activity that serves the general public;
participate in athletic competition;
participate in a civic activity that benefits the incarcerated individual or the community; or
participate in a residential or nonresidential treatment program including a program for pregnant women or a program to establish bonding between mothers and newborn children.
An incarcerated individual granted leave under this section may be allowed to remain outside the institution for any period of time consistent with public safety.
An incarcerated individual is not eligible for special leave under this section unless the managing official and Commissioner concur that positive attitudinal and growth patterns are being established.
Special leave shall be issued in writing and signed personally by both the managing official and either the Commissioner or Deputy Commissioner.
As a condition of granting special leave, the Commissioner may require that the incarcerated individual agree to waive the right to contest extradition proceedings.
The Commissioner or Deputy Commissioner shall file the order granting special leave in the Division.
The Commissioner or Commissioner’s designee may grant family leave to allow an incarcerated individual to visit the incarcerated individual’s family for a reasonable time if the incarcerated individual:
is confined in a correctional facility in the Division;
is classified to be in prerelease status; and
is recommended by the correctional facility’s case management team and managing official.
When granting family leave to an incarcerated individual, the Commissioner or Commissioner’s designee shall:
issue a written authorization to the incarcerated individual that specifies the conditions of the family leave; and
file a copy of the authorization in the Commissioner’s office.
While on family leave, an incarcerated individual at all times shall possess a copy of the authorization for family leave.
The failure of an incarcerated individual to comply with the terms of the authorization for family leave is a violation of § 9–404 of the Criminal Law Article.
The Commissioner may adopt regulations to carry out this section.