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

## Subtitle 11 — Office of the Secretary

### Chapter 10 — Private Home Detention Monitoring Agencies

#### Regulation .06 Continuing Obligations of Licensee.

*COMAR 12.11.10.06*

A. A licensee shall maintain an office in the State.

B. A licensee shall keep in an office in the State all files or other records that:

  (1) Are made in the State; and

  (2) Relate to individuals monitored by the licensee.

C. Notice of Addition or Deletion of Branch Office or Change of Address.

  (1) A licensee shall submit, within 21 days, written notice to the Secretary of the addition or deletion of a branch office, or a change of address of an office of the licensee.

  (2) The notice shall be accompanied by a photocopy of the relevant license.

  (3) Any license superseded by an amended license shall be returned to the Secretary.

D. A licensee shall submit, within 5 working days, written notice to the Secretary of the following:

  (1) The departure of a partner, director, officer, or monitor;

  (2) The arrest or conviction of a partner, director, officer, or monitor for a misdemeanor or felony;

  (3) The cancellation or forfeiture of the insurance or bond required by this chapter;

  (4) A change in the telephone or pager number by which the licensee may be reached during business and nonbusiness hours;

  (5) The loss or destruction of a license; or

  (6) Knowledge that a previous statement made to the Secretary by the licensee in an application, notice, communication, or document is false or misleading.

E. Before a licensee adds a partner, director, or officer, or employs a monitor, the licensee shall submit to the Secretary, on a form provided by the Secretary, information and documentation pertaining to that individual that is required as part of the initial application for license in Regulation .04 of this chapter.

F. A licensee shall maintain a daily count of the number of monitored individuals enrolled with the monitoring agency.

G. By the 15th day of each month, a licensee shall submit to the Secretary a report, on a form provided by the Secretary that includes, but is not limited to, the following information for the preceding calendar month:

  (1) The number of monitored individuals being monitored on the first day of the month, categorized by the type of electronic monitoring used;

  (2) The number of monitored individuals for whom monitoring was initiated during the month, categorized by the type of electronic monitoring used;

  (3) The number of monitored individuals for whom monitoring was ended during the month, categorized by the type of electronic monitoring used;

  (4) The number of monitored individuals being monitored on the last day of the month, categorized by the type of electronic monitoring used and county served;

  (5) The number of monitored individuals who violated the court order or program rules, and the number of monitored individuals removed from monitoring for a violation, categorized by the type of monitoring used;

  (6) The number of instances for which the licensee was required to provide notification in accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland for a monitored individual who:

    (a) Violates a condition of home detention monitoring;

    (b) Tampers with home detention monitoring equipment or fails to maintain home detention monitoring equipment as required by a court order; or

    (c) Enters an area that the monitored individual was expressly prohibited from entering as a condition of pretrial release or probation;

  (7) The number of instances for which the licensee provided notification as set forth in §G(6) of this regulation;

  (8) The number of monitored individuals who, in violation of a condition of release to private home detention, received a new criminal charge or conviction; and

  (9) For each monitored individual indicated in §G(8) of this regulation, provide:

    (a) The full name of the monitored individual;

    (b) The monitored individual’s supervising judicial jurisdiction;

    (c) A written explanation of the condition violated by the monitored individual; and

    (d) The date the court was notified of the violation.

H. A licensee shall submit to the Secretary documentation, as may be requested during an audit or investigation, to substantiate compliance with this chapter.

I. A licensee shall maintain on a continuous basis:

  (1) Appropriate permits and licenses required to do business in areas which are zoned to permit the operation of the business;

  (2) Corporate and tax records required by the laws of Maryland;

  (3) General liability insurance in an amount not less than $100,000;

  (4) A surety bond of not less than $2,500; and

  (5) Training consisting of education in the monitoring agency's policies and procedures, and instruction in the use of electronic monitoring equipment.

J. The monitoring agency licensee shall receive training in the use of electronic monitoring equipment from the manufacturer or its authorized representative.