There is a Division of Pretrial Detention and Services in the Department. The Division consists of: a Pretrial Release Services Program; a centralized booking facility for Baltimore City; the Metropolitan Transition Center; the Chesapeake Detention Facility; and the Youth Detention Center. The Division has the same authority with regard to the custody of its incarcerated individuals and the operation of the facilities within the Division as: the Division of Correction has under this Code with regard to the custody of its incarcerated individuals and the operation of the Division of Correction; and the sheriffs have under this Code with regard to the detention of incarcerated individuals committed to their custody and the operation of local correctional facilities. This title does not limit or supersede the authority of a court to determine the conditions of pretrial release.

With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services. The Commissioner serves at the pleasure of the Secretary. The Commissioner: has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction; shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law; is in charge of the Division, subject to the authority of the Secretary; is the appointing authority for all employees of the Division; shall establish a home detention program under terms and conditions that the Secretary provides; may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division; may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and may enter other agreements necessary to carry out the purposes of this title. Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section. The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by: a regulation of the Division or Department; or the Division or the Commissioner.

With the approval of the Secretary, the Commissioner shall appoint a Deputy Commissioner of Pretrial Detention and Services. The Deputy Commissioner serves at the pleasure of the Commissioner. The Deputy Commissioner shall be the acting Commissioner in the absence of the Commissioner.