Correctional Services (GCS) — Title 6. Parole and Probation

“Absconding” means willfully evading supervision.

“Absconding” includes leaving an inpatient residential treatment facility that an individual was placed in under a court order for drug or alcohol treatment without the permission of the administrator, as defined in § 8–101 of the Health – General Article.

“Absconding” does not include missing a single appointment with a supervising authority.

affect the individual’s risk of engaging in criminal behavior; and

are diminished when addressed by effective treatment, supervision, and other support services, resulting in a reduced risk of criminal behavior.

an individual’s risk of reoffending; and

the criminal risk factors that, when addressed, reduce the individual’s risk of reoffending.

an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer;

a violation of a criminal prohibition other than a minor traffic offense;

a violation of a no–contact or stay–away order; or

absconding.

examination to determine if the incarcerated individual is an eligible person, as defined in § 4–101 of this article; or

confinement as an eligible person under Title 4 of this article; or

shall:

may recommend:

electronic devices; and

direct contact by employees of the Division.

with the approval of the Director, to go directly to and from:

as required by legitimate medical or other emergencies; or

as otherwise allowed or directed by the Director.

An offender in the program is responsible for all of the offender’s living expenses, including those for food, clothing, medical care, shelter, and utilities.

Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents.

After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program.

If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee.

With the Secretary’s approval, the Director 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.

be in writing;

be verified by the applicant; and

describe the premises to be searched and the nature, scope, and purpose of the search.

the scope of the proposed search is reasonable; and

obtaining consent to enter the premises may jeopardize the attempt to take custody of the offender.

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.

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.

On request of a court, a parole and probation agent of the Division shall:

Except on court order, a presentence investigation report is confidential and is not available for public inspection.

On request, a presentence investigation report shall be made available to:

If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before:

The party that requests the report has the burden of establishing that the investigation should be ordered.

If required under § 11–402 of the Criminal Procedure Article, the report shall include a victim impact statement.

If the defendant has been convicted of a felony or misdemeanor that is related to the defendant’s membership in a criminal organization, as defined in § 9–801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant.

The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2–203 of the Criminal Law Article.

The report shall include a victim impact statement as provided under § 11–402 of the Criminal Procedure Article.

The court or jury before which the separate sentencing proceeding is conducted under § 2–304 of the Criminal Law Article shall consider the report.

In this section the following words have the meanings indicated.

“Program fee” means any fee the Division assesses on a supervisee the Division places in the Drinking Driver Monitor Program.

“Supervisee” means a person that the court places under the supervision of the Division.

“Supervision fee” means the fee the court orders under § 6–226 of the Criminal Procedure Article.

subject to a monthly supervision fee in accordance with § 6–226 of the Criminal Procedure Article; and

assessed a monthly Program fee of $75 by the Division.

The Program fee imposed under this section shall be paid to the Division by all supervisees in the Drinking Driver Monitor Program.

The Division shall pay the Program fees collected under this section into the Drinking Driver Monitor Program Fund.

the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee;

the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted by the Division;

the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or

other extenuating circumstances exist.

The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

the program fees paid by supervisees in the Drinking Driver Monitor Program; and

investment earnings of the Fund.

in accordance with the State budget; or

by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article.

In this section the following words have the meanings indicated.

“Abatement” means an end to active supervision or home detention of a supervised individual, without effect on the legal expiration date of the case or the supervised individual’s obligation to:

“Earned compliance credit” means a 20–day reduction from the period of active supervision or home detention of the supervised individual for every month that a supervised individual:

“Home detention” means monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article.

establish a program to implement earned compliance credits; and

adopt policies and procedures to implement the program.

Notwithstanding any other law, the Maryland Parole Commission or the court shall adjust the period of a supervised individual’s supervision or home detention on the recommendation of the Division of Parole and Probation for earned compliance credits accrued under a program created under this section.

Once a combination of time served on probation, parole, or mandatory supervision, and earned compliance credits satisfy the supervised individual’s active term of supervision or home detention, the Division shall place the individual on abatement.

provide regular notification to a supervised individual of the tentative abatement transfer date; and

develop policies for notifying a supervised individual of change to the abatement transfer date.

the supervised individual consents to continued active supervision or home detention; or

the supervised individual violates a condition of probation, parole, or mandatory release supervision including failure to pay a required payment of restitution.

regularly report to a parole or probation agent; or

pay a supervision fee.

Twenty–five percent of the savings realized by the Department as a result of the application of earned compliance credits shall revert to the Department.

After the savings revert to the Department in accordance with paragraph (1) of this subsection, any remaining savings shall revert to the Performance Incentive Grant Fund established under § 9–3209 of the State Government Article.

In this section the following words have the meanings indicated.

“Evidence–based programs and practices” means programs proven by scientific research to reliably produce reductions in recidivism.

“Innovative programs and practices” means programs that do not meet the standard of evidence–based practices but which preliminary research or data indicates will reduce the likelihood of offender recidivism.

The Division shall impose graduated sanctions in response to technical violations of conditions of supervision.

Graduated sanctions may not include incarceration or involuntary detention.

The Division shall provide notice to the court of a technical violation committed and a graduated sanction imposed as a result of the violation.

establish a program to implement the use of graduated sanctions in response to technical violations of the conditions of community supervision;

adopt policies and procedures to implement the program and to ensure that due process protections are in place for an individual under the supervision of the Division to challenge graduated sanctions imposed under the program; and

develop a matrix to guide a parole and probation agent in determining the suitable response to a technical violation that includes a range of the most common violations and a range of possible noncustodial sanctions to be imposed.

Each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this Compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions; and

Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

To provide the framework for the promotion of public safety and protect the right of victims through the control and regulation of the interstate movement of offenders in the community;

To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and

To equitably distribute the costs, benefits, and obligations of the Compact among the compacting states.

Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this Compact;

Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators;

Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and

Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

Oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff;

Administer enforcement and compliance with the provisions of the Compact and its bylaws, as directed by the Interstate Commission; and

Perform other duties as directed by the Commission or set forth in the bylaws.

Establishing the fiscal year of the Interstate Commission;

Establishing an Executive Committee and such other committees as may be necessary;

Providing reasonable standards and procedures:

Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

Establishing the titles and responsibilities of the officers of the Interstate Commission;

Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission;

Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

Providing transition rules for “start up” administration of the Compact; and

Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.

The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.

The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

The members, officers, Executive Director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

The Interstate Commission shall defend the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act”, 5 U.S.C. Section 552b, as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to:

For every meeting closed pursuant to this subsection, the Interstate Commission’s chief legal officer shall publicly certify that, in the chief legal officer’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;

Provide an opportunity for an informal hearing; and

Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

Notice to victims and opportunity to be heard;

Offender registration and compliance;

Violations/returns;

Transfer procedures and forms;

Eligibility for transfer;

Collection of restitution and fees from offenders;

Data collection and reporting;

The level of supervision to be provided by the receiving state;

Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact; and

Mediation, arbitration, and dispute resolution.

The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes.

The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.

The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and noncompacting states.

The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Once effective, the Compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the Compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the Compact into law.

The effective date of withdrawal is the effective date of the repeal.

The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.

If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission bylaws, or duly promulgated rules.

The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed therein, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the State Council of such termination.

The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

The Compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the Compact to one compacting state.

Upon dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with the Compact.

All compacting states’ laws conflicting with this Compact are superseded to the extent of the conflict.

All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission action, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.