In this subtitle the following words have the meanings indicated.
“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.
“Commission” means the Maryland Parole Commission.
“Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
“Criminal risk factors” means an individual’s characteristics and behaviors that:
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.
“Director” means the Director of the Division or the Director’s designee.
“Division” means the Division of Parole and Probation.
“Mandatory supervision” has the meaning stated in § 7–101 of this article.
“Offender” means an individual on parole or under mandatory supervision.
“Parolee” means an individual who has been released on parole.
“Program” means a home detention program established under § 6–108 of this subtitle.
“Risk and needs assessment” means an actuarial tool validated on the State’s correctional population that determines:
an individual’s risk of reoffending; and
the criminal risk factors that, when addressed, reduce the individual’s risk of reoffending.
“Technical violation” means a violation of a condition of probation, parole, or mandatory supervision that does not involve:
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.
This subtitle does not apply to:
an incarcerated individual retained in the custody of the Patuxent Institution for:
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
a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.
There is a Division of Parole and Probation in the Department.
Subject to the authority of the Secretary and in addition to any other duties established by law, the Division:
shall:
administer a validated screening tool on each individual on parole or mandatory supervision under the supervision of the Division;
administer a risk and needs assessment and develop an individualized case plan for each individual on parole or mandatory supervision who has been screened as moderate or high risk to reoffend;
supervise an individual on parole or mandatory supervision based on the results of a validated screening tool or risk and needs assessment conducted under items (i) or (ii) of this item;
supervise an individual under mandatory supervision until the expiration of the individual’s maximum term or terms of confinement;
regularly inform the Commission of the activities of offenders who are supervised by the Division, including, if requested by the Commission, any graduated sanctions imposed under § 6–121 of this subtitle;
issue a warrant for the retaking of an offender charged with a violation of a condition of parole or mandatory supervision, if this authority is delegated by the Commission to the Director of the Division; and
administer the Drinking Driver Monitor Program, collect supervision fees, and adopt guidelines for collecting the monthly program fee assessed in accordance with § 6–115 of this subtitle; and
may recommend:
that the Commission modify any condition of parole or mandatory supervision; and
that the Commission issue a warrant for the retaking of an offender.
Funding for the Drinking Driver Monitor Program shall be as provided in the State budget.
With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Director.
The Director is the head of the Division.
Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
The Director serves at the pleasure of the Secretary.
The Director is entitled to the compensation provided in the State budget.
A sheriff or police officer authorized to serve criminal process or a parole and probation employee designated under § 6-106 of this subtitle who receives a warrant for the retaking of an alleged violator shall execute the warrant in accordance with the directions in the warrant.
With the Secretary’s approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves.
An offender in the program shall be supervised by means of:
electronic devices; and
direct contact by employees of the Division.
An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence.
While in the program, an offender must remain in the offender’s approved dwelling except:
with the approval of the Director, to go directly to and from:
the offender’s approved place of employment;
a medical or mental health treatment facility; or
offices of the Department;
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.
An offender in the program is not an agent or employee of the Division.
The Director shall employ parole and probation employees to supervise offenders in the program.
The Commission may remove an offender from the program at any time and for any reason.
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.
The Director may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an offender in the program to search for the offender.
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 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.
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.
Each duly qualified parole agent of the Division has visitorial powers over any correctional facility in which an incarcerated individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.
If a court suspends the sentence of an individual convicted of a crime and orders the individual to continue under the supervision of the Division for a specified time or until ordered otherwise, the Division shall:
administer a validated screening tool on the individual;
administer a risk and needs assessment and develop an individualized case plan for each individual who has been screened as moderate or high risk to reoffend;
supervise an individual based on the probation order and, to the extent not inconsistent with that order, on the results of a validated screening tool or risk and needs assessment conducted under items (1) or (2) of this section;
notwithstanding any other law, impose graduated sanctions under § 6–121 of this subtitle in response to technical violations as an alternative to seeking revocation under § 6–223 or § 6–224 of the Criminal Procedure Article;
provide prompt notice to the court of any technical violations committed and graduated sanctions imposed under § 6–121 of this subtitle; and
report to the court on the individual’s compliance.
On request of a court, a parole and probation agent of the Division shall:
provide the court with a presentence investigation report;
conduct other investigations; and
perform other probationary services.
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:
the defendant;
the defendant’s attorney;
the State’s Attorney;
a correctional facility;
a parole, probation, or pretrial release official of this State, any other state, or the United States;
a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or
a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation.
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:
sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or
referring a defendant to the Patuxent Institution.
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.
The Division and the Division of Correction shall keep the report submitted under § 15–105 of the Criminal Procedure Article on file so that each unit has an abstract of each case for which application for parole may be made under this article.
The Division may establish a citizens’ support unit to be known as “GUIDE”, which stands for: give understanding, inspiration, direction, and encouragement.
The unit shall consist of residents of the State who volunteer their time and services to aid in the education and counseling of parolees and probationers.
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.
All supervisees placed in the Drinking Driver Monitor Program by the Division shall be:
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.
Notwithstanding subsections (b) and (c) of this section, the Division may exempt a supervisee as a whole or in part from the Program fee imposed under this section if:
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 is a student in a school, college, or university or is enrolled in a course of vocational or technical training designed to prepare the student for gainful employment; and
certification of student status is supplied to the Division by the institution in which the supervisee is enrolled;
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.
There is a Drinking Driver Monitor Program Fund.
The Fund shall be used for all costs of the Drinking Driver Monitor Program.
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 Fund consists of:
the program fees paid by supervisees in the Drinking Driver Monitor Program; and
investment earnings of the Fund.
The money of the Fund shall be invested in the same manner as other State money.
Expenditures from the Fund may be made only:
in accordance with the State budget; or
by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article.
The Fund is subject to audit by the Office of Legislative Audits under § 2-1220 of the State Government 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:
obey all laws; and
obtain written permission from the Division of Parole and Probation before relocating the supervised individual’s residence outside the State.
“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:
exhibits compliance with the conditions and goals of the supervised individual’s probation, parole, or mandatory release supervision, as determined by the Department;
has no new arrests;
has not violated any conditions of no contact imposed on the supervised individual;
except for a monthly supervision fee imposed under § 7–702 of this article or § 6–226 of the Criminal Procedure Article, is current on court ordered payments for restitution, fines, and fees relating to the offense for which earned compliance credits are being accrued;
is current in completing any community supervision requirements included in the conditions of the supervised individual’s probation, parole, or mandatory release supervision; and
if applicable, has been compliant with any supervision requirements of a private home detention monitoring agency.
“Home detention” means monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article.
“Supervised individual” means an individual placed on probation by a court or serving a period of parole or mandatory release supervision after release from a correctional facility.
“Supervised individual” includes an individual being monitored by a private home detention monitoring agency as a condition of probation.
“Supervised individual” does not include:
a person incarcerated, on probation, or convicted in this State for a crime of violence;
a person incarcerated, on probation, or convicted in this State for a crime under Title 3, Subtitle 3 of the Criminal Law Article;
a person incarcerated, on probation, or convicted in this State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal Law Article;
a person registered or eligible for registration under Title 11, Subtitle 7 of the Criminal Procedure Article;
a person who was convicted in any other jurisdiction of a crime and the person’s supervision was transferred to this State; or
a person who was convicted in this State of a crime and the person’s supervision was transferred to another state.
The Department shall:
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.
The Division shall:
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.
At least 90 days before the date of transfer to abatement, the Division shall notify the Commission or the court of the impending transfer.
A supervised individual whose period of active supervision or home detention has been completely reduced as a result of earned compliance credits shall remain on abatement until the expiration of the supervised individual’s sentence, unless:
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.
A supervised individual who is placed on abatement under this section may not be required to:
regularly report to a parole or probation agent; or
pay a supervision fee.
If a supervised individual violates a condition of probation while on abatement, a court may order the supervised individual to be returned to active supervision or home detention.
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.
This section may not be construed to limit the authority of a court or the Parole Commission to extend probation, parole, or mandatory release supervision under § 6–222 of the Criminal Procedure Article.
The Department shall develop an automated application for the tracking and awarding of earned compliance credits by the Division.
When considering disciplinary action related to the performance of a parole and probation employee, the Division shall consider the size of the employee’s active caseload and the classification of the offenders within the employee’s active caseload at the time of the event giving rise to the consideration of disciplinary action.
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 use practicable and suitable methods that are consistent with evidence–based programs and practices and innovative programs and practices to aid and encourage a probationer or parolee to improve conduct, to reduce the risk of recidivism, and to pay restitution.
The Division shall have an independent validation study conducted every 3 years on the risk and needs assessment tool.
The Department shall require all parole and probation agents and supervisors, Commission members, and hearing officers to undergo annual training based on the most current research, regarding:
identifying, understanding, and targeting an individual’s criminal risk factors;
principles of effective risk interventions; and
supporting and encouraging compliance and behavior change, including regarding the payment of restitution.
This section shall apply to all individuals under the supervision of the Division.
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.
The Department shall:
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.
If the available graduated sanctions have been exhausted, the Division shall refer the individual to the court or the Commission for additional sanctions, including formal revocation of probation, parole, or mandatory supervision under § 7–401 or § 7–504 of this article or § 6–223 or § 6–224 of the Criminal Procedure Article.