<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 12.02.12.03" title_num="12" subtitle_num="02" chapter_num="12" heading="Eligibility Criteria.">
  <paragraph num="A.">
    <text>The Commissioner or designee may specify certain treatment and educational programs that an inmate is required to complete before becoming eligible for work release. These programmatic requirements shall ensure that an inmate's needs are addressed before an inmate begins work release.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Inmates serving life sentences other than life without parole may be considered for work release if the:</text>
    <paragraph num="(1)">
      <text>Inmates are eligible for parole consideration under Correctional Services Article, §7-301, Annotated Code of Maryland. This section requires the inmate to serve 15 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Death penalty was sought by the State in the inmate's prosecution but not imposed. The inmate shall serve 25 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland, before the inmate may be considered for work release.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Inmate had a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Exception. If incarcerated solely for contempt of court as a result of failure to pay court-ordered support payments, an inmate shall meet the following criteria to be eligible for work release:</text>
    <paragraph num="(1)">
      <text>Be not more than 12 months from an estimated release;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Achieve the prerelease security level in accordance with the provisions of Division Regulation 100-1; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Demonstrate positive adjustment for a minimum of 30 days at the prerelease security level.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>An inmate incarcerated solely for contempt of court as a result of failure to pay court-ordered support for dependents shall be eligible for work release when the inmate meets the following requirements:</text>
    <paragraph num="(1)">
      <text>Achieves the prerelease security level in accordance with the requirements of Division Regulation 100-1; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Demonstrates positive adjustment for a minimum of 30 days.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>An inmate who is initially classified to prerelease security, who meets the eligibility requirements for home detention, and is approved by the Commissioner shall be considered eligible for work release status effective on the date of the Commissioner's approval for home detention placement.</text>
  </paragraph>
</regulation>