# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 02 — Division of Correction

### Chapter 26 — Home Detention Program

#### Regulation .05 Inmate Eligibility Criteria.

*COMAR 12.02.26.05*

A. The Commissioner may specify treatment and educational programs an inmate is required to complete before becoming eligible for home detention placement.

B. An inmate may be required to participate in a program in the following areas:

  (1) Substance abuse treatment;

  (2) Employment readiness training; and

  (3) A program as directed by the Commissioner.

C. An inmate is ineligible for home detention placement if the inmate:

  (1) Is serving a life sentence;

  (2) Has ever been convicted of or is now serving a sentence for a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, unless:

    (a) 5 years have elapsed since expiration of sentence for the crime of violence, or

    (b) The inmate is within 90 days of release on parole expiration or mandatory supervision;

  (3) Has ever been convicted of the crime of child abuse under Criminal Law Article, §3-601, Annotated Code of Maryland;

  (4) Has ever been found guilty of escape under Criminal Law Article, §9-404, Annotated Code of Maryland;

  (5) Has a detainer or pending charge, with the exception of a:

    (a) Payable fine,

    (b) Civil contempt of court offense, or

    (c) Traffic offense, excluding manslaughter and homicide by a motor vehicle;

  (6) Except when the inmate has been convicted of civil contempt of court, is more than 18 months from a definite release date;

  (7) Is classified to maximum or super maximum security; or

  (8) Does not have a telephone and home plan within the program catchment area.

D. An inmate who has more than 6 months remaining before release at the time of home detention placement is ineligible if the inmate:

  (1) Is currently serving a sentence for the manufacturing, distribution, possession with intent to distribute, or conspiracy to distribute a controlled dangerous substance as defined by the Annotated Code of Maryland; or

  (2) Has been previously removed from home detention placement for violation of a program rule during the inmate's current incarceration.

E. An inmate shall meet the following criteria to be eligible for placement into home detention:

  (1) Has had no convictions for a category I or II rule violation for the past 6 months;

  (2) Has signed a waiver of extradition;

  (3) Is within 18 months of a:

    (a) Mutual agreement programming release date,

    (b) Delayed parole release date, or

    (c) Mandatory supervision release date;

  (4) Agrees to accept approved employment;

  (5) Has no chronic medical problem that would preclude the inmate's placement;

  (6) Has a telephone in the inmate's approved residence.