Chapter 26. Home Detention Program
Regulation .01 Purpose.LinkCopy Citation
A.
The Division shall establish a home detention program for an eligible inmate, who, by background and institutional adjustment, is judged able to serve a sentence in the community with minimum risk to public safety.
B.
A participating inmate shall reside in a preapproved residence and shall:
(1)
When employed, work in a closely monitored employment situation to stabilize a regime before full release into the community;
(2)
Receive appropriate educational, substance abuse, and other counseling or habilitative services as may be available through both Division and community resources that will complement and reinforce services received in the institutional setting;
(3)
Meet financial obligations as established by the Commissioner.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administrator” means the prerelease facility administrator of the Division of Correction home detention unit.
(2)
“Assistant administrator” means the home detention unit assistant facility administrator who is a senior correctional officer, lieutenant or above, or the senior nonuniformed staff member assigned to the unit, as the administrator directs.
(3)
“Assistant warden” means the assistant managing official of the Maryland Correctional Prerelease System.
(4)
“Base file” means the documentation concerning an inmate's background, institutional placement, institutional adjustment, etc.
(5)
“Commissioner” means the Commissioner of the Division of Correction or the Commissioner's designee of warden, assistant warden, facility administrator, or facility administrator's designee, unless otherwise specified in this chapter.
(6)
“Division” means the Division of Correction.
(7)
“Electronic supervision” means monitoring of an inmate's location or whereabouts through the use of devices that combine telephone contact and the reception of a signal from a monitoring device worn by the inmate.
(8)
“Program staff” means an employee designated by the Commissioner to work in the home detention unit.
(9)
“Release date” means any of the following:
(a)
Mandatory release date;
(b)
Mutual agreement programming release date; and
(c)
Parole release date or delayed parole release date.
(10)
“Unit” means a home detention unit.
(11)
“Warden” means the chief managing official of the Maryland Correctional Prerelease System.
Regulation .03 Organization and Staffing.LinkCopy Citation
A.
To comply with Correctional Services Article, Title 3, Subtitle 4, Annotated Code of Maryland, the Commissioner shall organize and operate a home detention unit as a component of the Division.
B.
Staffing of the home detention unit shall consist of classifications to be determined by the Commissioner.
Regulation .04 Enforcement.LinkCopy Citation
A.
Pursuant to Correctional Services Article, §3-412, Annotated Code of Maryland, the Commissioner shall designate individuals in the following classifications with arrest powers over an inmate placed into the home detention unit:
(1)
Administrator;
(2)
Correctional staff assigned to the home detention unit; and
(3)
Select correctional officers assigned to the Division's investigation unit.
B.
An individual designated by the Commissioner with arrest powers shall comply with all of the following:
(1)
Satisfactorily complete a training program prescribed by the Maryland Police Training Commission;
(2)
Satisfactorily complete required in-service training approved by the Maryland Police Training Commission, which training shall be completed during the calendar year following completion of the training program in §B(1) of this regulation;
(3)
As a part of the in-service training, qualify annually on authorized firearms and intermediate weapons in courses approved by the Maryland Police Training Commission.
C.
Administrative Search Warrant. Pursuant to Correctional Services Article, §3-415, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may petition a District Court or circuit court for an administrative search warrant within the jurisdiction where an inmate's approved residence is located, for the purpose of gaining entry to an inmate's residence to locate and return the inmate to institutional custody.
D.
Removal of an Inmate From the Program.
(1)
Pursuant to Correctional Services Article, §3-413, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may remove an inmate from home detention participation and return the inmate to institutional custody.
(2)
In addition to the Commissioner or the Commissioner's designee, a unit correctional officer or a designated member of the Division's investigation unit is authorized to order and direct removal of an inmate from program participation, if written documentation is submitted to and approved by the administrator before the end of the officer's shift in which the inmate was removed.
(3)
An inmate may be removed from program participation for any reason, including, but not limited to:
(a)
Violation of a program rule as set forth in Regulation .08 of this chapter;
(b)
Medical reason, including mental health problems;
(c)
Recommendation of program staff that an inmate is:
(i)
Unable to maintain a functional home environment,
(ii)
Under reasonable suspicion of child abuse or neglect,
(iii)
Under reasonable suspicion of physically abusing an individual in the household, or
(iv)
Under reasonable suspicion that an individual in the inmate's home is creating an environment detrimental to the inmate.
E.
Pursuant to Correctional Services Article, §3-409, Annotated Code of Maryland, the willful violation by an inmate of a condition of program placement is a misdemeanor and, on conviction, is punishable for up to 12 months incarceration. The warden, assistant warden, administrator, or assistant administrator may, at their discretion, approve to petition the District Court in the jurisdiction where an inmate resides, with a statement of charges to charge an inmate with a violation of this regulation. Prosecution of an inmate under this regulation may be in addition to other administrative disciplinary action taken by the Division.
F.
An inmate convicted of a violation of Correctional Services Article, §3-409, Annotated Code of Maryland, shall lose previously earned credits for good conduct in an amount determined by an adjustment hearing officer during an adjustment hearing.
G.
An administrative disciplinary action taken against an inmate shall be performed in accordance with current Division policy on inmate discipline.
H.
An inmate may be considered as an escapee when:
(1)
Absent from an assigned location; and
(2)
The inmate's location is unknown by program staff.
Regulation .05 Inmate Eligibility Criteria.LinkCopy Citation
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.
Regulation .06 Approving an Inmate for Home Detention Placement.LinkCopy Citation
A.
On determination of an inmate's interest in and eligibility for home detention placement, staff of the Division and Baltimore City Detention Center shall conduct screening, assessment, verification, review, and classification of an inmate for approval or disapproval based on exclusionary criteria in Regulation .05 of this chapter. The Division may establish written procedures establishing criteria for a psychological evaluation of an inmate before home detention placement.
B.
On approval by staff of the Division or Baltimore City Detention Center, an inmate shall receive further screening from program staff for approval or disapproval based on established procedures.
C.
On review and approval of the administrator, an inmate's base file and other screening documentation shall be forwarded to the Commissioner for final review and approval.
D.
On the Commissioner's approval, an inmate shall be scheduled for home detention placement.
E.
At each step of the screening process, if an inmate is disapproved for program participation, the rationale for the disapproval shall be noted, and the inmate shall be advised of the disapproval and rationale.
F.
If a previously registered victim notification requirement exists for an inmate being considered for home detention placement, commitment office staff shall send a certified letter to advise the victim and request that the victim respond to the warden of the facility in which the inmate is currently housed, by telephone or in writing within 7 days. The response shall be available to the classification team for evaluation.
Regulation .07 Placement of an Inmate Into Home Detention.LinkCopy Citation
A.
An inmate shall receive a complete orientation to the home detention program to include:
(1)
Signing forms;
(2)
Familiarization with the operation of electronic supervision equipment; and
(3)
Familiarization with home detention requirements.
B.
Following orientation, an inmate shall be transported to the inmate's approved residence where program staff shall:
(1)
Install and test assigned electronic supervision equipment; and
(2)
Review with the inmate work, treatment, and home schedules.
C.
Following placement, program staff, upon request of the local police of the jurisdiction in which an inmate resides, shall notify the police in writing of the inmate's placement.
D.
Program staff shall provide an inmate's employer with:
(1)
A copy of home detention requirements which the employer and the inmate are required to follow; and
(2)
An orientation to the program which includes the Division's expectations of a participating employer.
Regulation .08 Program Rules for an Inmate Assigned to Home Detention.LinkCopy Citation
A.
An inmate shall comply with a lawful order received from program staff and program rules established to effect the efficient operation of the program.
B.
Failure to comply with a lawful order or program requirements may result, at the discretion of the administrator, in an inmate's removal from home detention placement and return to institutional custody.
C.
An inmate shall agree to the following:
(1)
An inmate shall remain at the inmate's approved residence except for:
(a)
Work during preapproved hours;
(b)
An approved visit to the unit offices;
(c)
A prearranged and approved visit to a treatment site;
(d)
An emergency which is life-threatening to the inmate or another member of the household; and
(e)
As directed by the administrator.
(2)
An inmate may not violate a city, State, or federal law, and arrest or formal placement of a charge against an inmate for violation of a law shall result in removal from home detention placement.
(3)
An inmate may not own, possess, use, or have under the inmate's control a firearm or weapon.
(4)
An inmate is subject to search on demand by program staff of the inmate's person, vehicle, and residence.
(5)
An inmate may not deny entrance to the inmate's approved residence to program staff.
(6)
An inmate shall agree to see program staff on demand at the inmate's place of employment or at a location in the community designated by program staff.
(7)
An inmate may not use, or have on the inmate's person or under the inmate's control, an alcoholic beverage.
(8)
An inmate may not enter a location that serves or sells an alcoholic beverage, including but not limited to a bar, club, group meeting, or party.
(9)
An inmate may not:
(a)
Use or possess a controlled dangerous substance; or
(b)
Consume medication which is not prescribed by a physician and preapproved by program staff.
(10)
An inmate is subject to urinalysis or another form of drug testing on demand by program staff.
(11)
An inmate may be required to maintain employment in the private sector or through public service or community service assignment as approved by program staff.
(12)
An inmate may not change employment without the prior approval of program staff.
(13)
Loss of employment, unless no fault of the inmate, may result in removal from home detention placement.
(14)
An inmate may not apply for assistance from a private or governmental agency without the approval of the administrator or designee.
(15)
An inmate may not contract for or use a charge account, or make a credit application without the prior approval of the administrator or the administrator's designee.
(16)
An inmate shall comply with a directive issued to the inmate by program staff.
(17)
An inmate shall attend a treatment activity directed by program staff.
(18)
An inmate may not leave the State without prior written permission of the Commissioner.
(19)
An inmate may not associate with an individual whom the inmate should reasonably know has a criminal record.
(20)
An inmate may not visit a correctional facility without prior approval of the administrator or the administrator's designee.
(21)
An inmate shall maintain, at the inmate's expense, a private telephone line during program placement, and an inmate may not leave the telephone receiver off the hook.
(22)
An inmate shall answer incoming telephone calls. An incoming and an outgoing call not related to home detention supervision may not be longer than 10 minutes.
(23)
An inmate shall permit the installation of electronic supervision equipment at the inmate's place of residence and on the inmate's person as program staff may direct.
(24)
An inmate may not move, tamper with, or disturb electronic supervision equipment placed on the inmate's telephone line or person. An inmate shall be financially responsible for damage or loss of assigned electronic supervision equipment.
(25)
An inmate shall maintain basic telephone service at the inmate's residence. Call waiting is the only additional telephone service permitted.
(26)
An inmate may be required to pay for electronic supervision costs, court-ordered child support, or court-ordered restitution.
(27)
An inmate may not operate a motor vehicle without obtaining permission from the administrator, and only on confirmation of the inmate's driver's license status and vehicle registration information by program staff.
(28)
An inmate may not change residence status, including the addition of a household member, without the approval of the administrator or the administrator's designee.
Regulation .09 Supervision of a Home Detention Inmate.LinkCopy Citation
The Commissioner shall establish minimum standards of supervision as follows:
A.
The inmate shall be required to submit to electronic supervision which includes telephone contact and reception of a signal from a monitoring device worn by the inmate;
B.
The inmate shall admit program staff to the residence at any time;
C.
The inmate shall be personally monitored by program staff as follows:
(1)
At home,
(2)
At work and through employment verification by contact with the employer and submission of a paycheck stub,
(3)
At unit offices,
(4)
Through random urinalysis, the frequency to be determined by the administrator.
Regulation .10 Disposition of Funds Collected from a Home Detention Inmate.LinkCopy Citation
A.
The Division shall determine the amount of, and collect from inmates in the program, a reasonable fee for the cost of electronic supervision.
B.
Fees collected shall be processed in accordance with established fiscal procedures regarding the collection, disbursement, and accounting of funds.
C.
The Commissioner or designee may authorize an inmate's payment on a sliding scale or waive or adjust these costs, on the written recommendation of the administrator or the administrator's designee.
Chapter annotations
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland
History: Effective date:
History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)