The Division shall establish a work release program for an eligible inmate who can safely be allowed to enter the community unescorted with minimum risk to public safety. Work release is a privilege which may be granted to an eligible inmate in order to: Provide an inmate with the opportunity to demonstrate the ability to function in the community in preparation for eventual release; Complement the educational and vocational training obtained within the Division; Enable the inmate to meet the following types of financial obligations: Room, Board, Transportation costs, Clothing, Support payments for dependents, and Victim restitution; Provide an inmate with the opportunity to gain work experience and develop positive work habits; Enable an inmate to attend school. In this chapter, the following terms have the meanings indicated. Terms Defined. “Case information” means any information about the inmate which is contained in the inmate's Division base file. “Commissioner” means the Commissioner of the Division of Correction. “Division” means Division of Correction. “Estimated release date” means: For inmates serving sentences other than life, the mandatory supervision release date, expiration of sentence date, MAP release date, delayed parole release date, or any scheduled parole hearing date that is likely to result in approval for parole; For inmates serving life sentences, a scheduled parole rehearing date that was established at a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release; For inmates serving a life sentence with all but a portion of the sentence suspended, either a date as defined in §B(4)(b) of this regulation or a mandatory supervision release date. “Job check” means an investigation of a work release job to determine if the inmate and the employer are adhering to the requirements of the work release program and that the inmate is satisfactorily adjusting to the demands of the job. 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. Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence. Inmates serving life sentences other than life without parole may be considered for work release if the: 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. 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. 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. Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release. Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation. 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: Be not more than 12 months from an estimated release; Achieve the prerelease security level in accordance with the provisions of Division Regulation 100-1; and Demonstrate positive adjustment for a minimum of 30 days at the prerelease security level. 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: Achieves the prerelease security level in accordance with the requirements of Division Regulation 100-1; and Demonstrates positive adjustment for a minimum of 30 days. 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. When considering an inmate for work release, a warden and each classification team member shall determine if the inmate meets eligibility criteria, and give consideration to each of the following: Inmate's potential threat to public safety; Community's perception of the work release program; Inmate's institutional adjustment; and Inmate's previous participation in institutional programs. An inmate's application for work release shall include a listing of all work release rules and a signed statement by the inmate agreeing to abide by those rules. The application shall also contain an authorization by the inmate to release case information about the inmate to work release employers. In order for an inmate to be approved for work release, the: Assigned counselor shall verify that the inmate meets the eligibility criteria; Inmate's application shall be reviewed and approved by a classification team; Warden shall approve the application; and Commissioner or designee shall approve the application. The warden shall ensure that a participating inmate be given an orientation which explains the rules and regulations of the work release program to an inmate before an inmate's placement on a job. A work release counselor shall assist an inmate in the development of employment opportunities and placement on a job which is consistent with an inmate's individual and program goals. A counselor shall evaluate the legitimacy of each job opportunity before placement of an inmate, and shall also evaluate the integrity of the potential employer. The Commissioner or a warden may establish a list of unacceptable employment conditions for work release jobs. Inmates may not be placed on jobs that have any of the unacceptable conditions specified by the Commissioner or a warden. Each warden shall ensure that each employer is provided with a: Copy of all work release rules which the employer and the inmate are required to follow; and Work release orientation explaining the rules of the work release program and the Division's expectations of participating employers. A warden shall ensure that a work release plan is established for each inmate before an inmate's placement on a work release job. A warden shall ensure that each work release plan includes, at a minimum, the inmate's: Assigned place of employment; Hours to be worked; Means of transportation; Time allowed for transportation; and Salary. The Commissioner or designee shall ensure that a work release plan is reviewed and approved by the facility administrator at an inmate's assigned prerelease unit. The Commissioner shall establish minimum standards of supervision for an inmate assigned to work release which shall include at least the following requirements: Monthly interview of an inmate by a work release counselor; Monthly job checks by a work release counselor which shall be accomplished by personal visits to the job site; Monthly additional job checks by the work release counselor which may be accomplished by means other than personal visits to the job site; Monthly comparisons of the prerelease facility's records of the hours that an inmate worked with an employer's records of an inmate's work hours; and Monthly audits of work release case supervision records by each warden or designee. The Commissioner shall ensure that an inmate is automatically removed from work release if classified higher than the prerelease security level. An inmate may be removed from work release for any reason considered appropriate by a classification team provided that this decision is made in accordance with the procedures in Division Regulation 100-1 and approved by the warden. Each work release participant shall turn in all earnings to Division staff immediately upon return to the unit on the day the pay is received. Division staff shall ensure that deductions are made from each work release inmate's earnings in the following order of priority: The amount determined to be the cost to the State of providing travel, food, lodging, and clothing for the inmate; An amount an inmate is legally obligated to pay for the support of dependents; and An amount an inmate has been ordered by the court to pay for restitution. The Commissioner may designate jails or detention facilities within the political subdivisions of Maryland as places for housing an inmate committed to the custody of the Division who is approved for work release. A Division work release regulation shall, to the extent possible, be applied to an inmate housed in a local facility as if the inmate were housed in a Division facility. Correctional Services Article, §2-109(c), Annotated Code of Maryland Effective date: May 27, 1991 (18:10 Md. R. 1117) Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675) Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675) Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675) Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675) Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)