The purpose of this chapter is to establish requirements for the licensing and operation of private home detention monitoring agencies. In this chapter, the following terms have the meanings indicated. Terms Defined. “Approved location” means the monitored individual's residence and any location designated by the court where the monitored individual is permitted to be. “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. “Continuously signaling” means a type of electronic monitoring that: Uses a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer; and When used in proper combination: Continuously detects whether the monitored individual is at the approved location, and Detects and notifies a private home detention monitor of the time that the monitored individual leaves the approved location. “Escape” means an act in which a monitored individual violates any restriction on movement imposed under the terms of a home detention order or agreement. “Home detention” means a system of monitoring that requires a monitor to: Verify the activities of a monitored individual while in the community; and Determine the monitored individual's presence at an approved location, using either: Continuously signaling, or Satellite monitoring. “License” means a certificate issued by the Secretary authorizing the licensee to operate a business that provides monitoring services for a fee to a monitored individual. “Licensee” means a person who has been issued a license. “Monitor” means a private home detention monitor as defined in §B(12) of this regulation. “Monitored individual” means an individual who is under a court order that requires monitoring by a private home detention monitoring agency. “Monitoring” means the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual. “Monitoring agency” means a private home detention monitoring agency as defined in §B(13) of this regulation. “Private home detention monitor” means an employee or owner of a monitoring agency who performs, within the State, the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual. “Private home detention monitoring agency” means a person conducting a business that provides home detention for a fee to a monitored individual. “Satellite monitoring” means a type of electronic monitoring that: Uses a transmitter affixed to a monitored individual, wireless and land line communication devices, and host computer; and When used in proper combination: Continuously detects the location of the monitored individual, and Detects and notifies a private home detention monitor of the monitored individual's location at all times. “Secretary” means the Secretary of Public Safety and Correctional Services or the Secretary's designee. “Statement attesting to good character and reputation” means a notarized statement made under oath by a reputable citizen, having no financial or other interest in a private home detention monitoring agency, who resides in the county of residence of the subject individual, attesting to the good character and reputation of the subject individual. “Working day” means a day other than Saturday, Sunday, or a legal holiday. A private home detention monitoring agency may not operate in the State without a license. The license is not transferable to any other person. The licensee shall obtain a branch office license certificate from the Secretary for each of its branch offices. The license or renewal license certificate shall be prominently displayed in each office and branch office of the licensee. Initial Application for License. An applicant shall submit an application for a license on a form provided by the Secretary. If the applicant is an individual: The applicant shall be 18 years old or older; and The application shall be signed under oath by the applicant. If the applicant is a corporation, partnership, business trust, limited liability company, or other entity, the application shall be signed under oath by each partner, director, and officer. The applicant shall submit with the application: A nonrefundable application fee in the amount of $500; Proof of general liability insurance covering all activities of the applicant in an amount not less than $100,000; A bond that is conditioned on the faithful and honest conduct of the applicant and runs to the State of Maryland for the benefit of any person injured by any wrongful act of the applicant that is willful or malicious, in an amount not less than $2,500; Proof of application for State and national criminal history records checks, on a form provided by the Secretary; Three statements attesting to good character and reputation, for each of the following: The applicant, if the applicant is an individual, Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the application to be employed by the applicant; A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and electronic monitoring equipment has been provided to each of the following: The applicant, if the applicant is an individual, A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the application to be employed by the applicant; and A statement on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring. Within 45 days of receipt of an initial application, the Secretary shall: Return an incomplete application, with instructions for completion; Grant the application and issue a license to the applicant; or Initiate a complaint and issue a notice for denial of a license under Regulation .10B of this chapter. An initial license is valid for 2 years from the date issued, unless earlier suspended or revoked. At least 2 months before the expiration of a license, the Secretary shall send by U.S. mail to the licensee, at the licensee's last known address, a renewal application, and a notice that states: The date the current license expires; The amount of the renewal application fee; That the renewal application must be received by the Secretary at least 21 days before expiration of the current license to avoid a lapse in licensure and the imposition of late fees; and That a false statement on the renewal application is cause for license denial or revocation. Renewal Application. A licensee shall submit a renewal application on a form provided by the Secretary. If the licensee is an individual, the renewal application shall be signed under oath by that individual. If the licensee is a corporation, partnership, business trust, limited liability company, or other entity, the renewal application shall be signed under oath by each partner, director, and officer. The licensee shall submit with the renewal application: A nonrefundable renewal application fee of $100; Proof of general liability insurance covering all activities of the licensee in an amount not less than $100,000; A bond that is conditioned on the faithful and honest conduct of the licensee and runs to the State of Maryland for the benefit of a person injured by any wrongful act of the licensee that is willful or malicious, in an amount not less than $2,500; Certification, on a form provided by the Secretary, together with supporting documentation, that the monitoring agency has paid all withholding taxes, Social Security taxes, and other governmental obligations as an employer for the preceding 2 years; A certificate of compliance issued by the Workers' Compensation Commission or the policy or binder number of workers' compensation insurance, as provided by Labor and Employment Article, §9-105, Annotated Code of Maryland; A receipt from the State Comptroller's Office, or other documentation authorized by the Secretary, showing that the monitoring agency has paid State income tax liabilities for the preceding 2 years; A late fee of $10 per day if the application is not received by the Secretary at least 21 days before expiration of the current license; A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and equipment has been provided to each of the following: The licensee, if the licensee is an individual, A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and Each private home detention monitor employed or listed on the renewal application to be employed by the licensee; and A statement, on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring. Within 21 days of receipt of a renewal application, the Secretary shall: Return an incomplete renewal application, with instructions for completion; Grant the renewal application, and issue a renewal license; or Initiate a complaint and issue a notice for denial of a renewal license under Regulation .10B of this chapter. If a complete renewal application is received by the Secretary at least 14 days before the expiration of a license, and if a renewal license is not issued before the expiration of the current license, the current license shall continue to be in effect until either: The renewal application is granted and a renewal license is issued; or The renewal application is denied, and the time for seeking judicial review of the denial has expired. A renewal license is valid for 2 years from the date of expiration of the current license, unless suspended or revoked. A licensee shall maintain an office in the State. A licensee shall keep in an office in the State all files or other records that: Are made in the State; and Relate to individuals monitored by the licensee. Notice of Addition or Deletion of Branch Office or Change of Address. 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. The notice shall be accompanied by a photocopy of the relevant license. Any license superseded by an amended license shall be returned to the Secretary. A licensee shall submit, within 5 working days, written notice to the Secretary of the following: The departure of a partner, director, officer, or monitor; The arrest or conviction of a partner, director, officer, or monitor for a misdemeanor or felony; The cancellation or forfeiture of the insurance or bond required by this chapter; A change in the telephone or pager number by which the licensee may be reached during business and nonbusiness hours; The loss or destruction of a license; or Knowledge that a previous statement made to the Secretary by the licensee in an application, notice, communication, or document is false or misleading. 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. A licensee shall maintain a daily count of the number of monitored individuals enrolled with the monitoring agency. 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: The number of monitored individuals being monitored on the first day of the month, categorized by the type of electronic monitoring used; The number of monitored individuals for whom monitoring was initiated during the month, categorized by the type of electronic monitoring used; The number of monitored individuals for whom monitoring was ended during the month, categorized by the type of electronic monitoring used; 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; 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; 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: Violates a condition of home detention monitoring; Tampers with home detention monitoring equipment or fails to maintain home detention monitoring equipment as required by a court order; or Enters an area that the monitored individual was expressly prohibited from entering as a condition of pretrial release or probation; The number of instances for which the licensee provided notification as set forth in §G(6) of this regulation; 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 For each monitored individual indicated in §G(8) of this regulation, provide: The full name of the monitored individual; The monitored individual’s supervising judicial jurisdiction; A written explanation of the condition violated by the monitored individual; and The date the court was notified of the violation. A licensee shall submit to the Secretary documentation, as may be requested during an audit or investigation, to substantiate compliance with this chapter. A licensee shall maintain on a continuous basis: Appropriate permits and licenses required to do business in areas which are zoned to permit the operation of the business; Corporate and tax records required by the laws of Maryland; General liability insurance in an amount not less than $100,000; A surety bond of not less than $2,500; and Training consisting of education in the monitoring agency's policies and procedures, and instruction in the use of electronic monitoring equipment. The monitoring agency licensee shall receive training in the use of electronic monitoring equipment from the manufacturer or its authorized representative. Before the submission of an initial application for a license and the addition of a partner, director, officer, or monitor, the following individuals shall apply to the Central Repository for State and national criminal history records checks: The applicant, if the applicant is an individual; Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity; Each private home detention monitor employed or listed on the application to be employed by the applicant; and Each added partner, director, officer, or monitor. An individual applying for State and national criminal history records checks shall submit to the Central Repository: Completed forms required by the Director of the Central Repository; Two sets of legible fingerprints taken at a State or local law enforcement office in the State or other location approved by the Secretary; The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and The fee required by the Criminal Justice Information System as authorized by Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for a State criminal history records check. The Central Repository shall: Notify the Secretary of the receipt of an application; Process the State and national criminal history records checks; Provide to the Secretary a conviction only criminal history records check; and Send to the subject individual by U.S. mail a printed statement listing a finding of a felony conviction. Finding of a Felony Conviction. A finding of a felony conviction may be contested by the subject individual by submitting to the Director of the Central Repository, within 30 days of the date of the printed statement, a written request for a hearing. If a written request for a hearing is received by the Director of the Central Repository within 30 days of the date of the printed statement, the matter shall proceed in accordance with COMAR 12.15.03.10. Notwithstanding any provision in COMAR 12.15.03.10, a failure by the subject individual to appear at a scheduled hearing shall result in dismissal of the proceeding. If a written request for a hearing is not received by the Director of the Central Repository within 30 working days of the date of the printed statement, or if the Director of the Central Repository does not make a final determination that the subject individual has no felony conviction, the individual is ineligible to be a monitor. If the subject individual is a partner, director, officer, applicant, or licensee, the applicant or licensee is ineligible for a license and this ineligibility may be the basis for a complaint initiating a proceeding for: Denial of a license application; or Suspension or revocation of a license. A monitoring agency using continuously signaling equipment to monitor an individual shall: Maintain equipment in good working order that is capable of monitoring 24 hours a day using a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer; Inform the monitored individual about the use of the equipment; Test the equipment before use; Ensure the proper installation of the equipment on the monitored individual and, if applicable, at the individual's approved location as ordered by the court; and Electronically monitor the monitored individual at an approved location, except for a time specified by the court order or a time of an approved activity, or both. A monitoring agency using satellite monitoring equipment to monitor an individual shall: Maintain equipment capable of tracking a monitored individual 24 hours a day using global positioning satellite, cellular, or wireless technology; Inform the monitored individual about the use of the equipment; Test the equipment before use; and Ensure the proper installation of the equipment on the monitored individual and, if applicable, at the monitored individual's approved location. Within 6 months of initial licensing, the licensee shall have and enforce the following written policies and procedures: A written policy and procedure governing the orientation of a monitored individual before the activation of monitoring equipment, which shall include instructions regarding the following: Equipment use and care, Expectations for others at the approved location, Rules and regulations of the monitoring agency, Internal complaint process, Access to case records by the monitored individual, attorneys, and the court, Emergency situations, A change in the monitored individual's schedule, The process for the termination of monitoring, and Notification that a violation of the home detention order or agreement may be considered an escape and subject to prosecution and imprisonment, which includes the requirement that the monitored individual sign an acknowledgement of this notification; A written policy and procedure governing the enrollment of a newly received individual in the monitoring agency, which includes provisions for the following: Verification of a legal document noting the conditions and stipulations ordered by the court, A system of identification of the monitored individual, Collection of personal data pertaining to the monitored individual, Approval by the leaseholder or owner of the approved location, Approval by the owner of the required telephone service, Verification of the monitored individual's approved location, Notification to the court that the monitored individual is enrolled in the monitoring agency's program, specifying the type of electronic monitoring to be used, and Installation of appropriate electronic monitoring equipment on the monitored individual or at the monitored individual's approved location, or both, if required; A written policy and procedure for establishing the monitored individual's schedule as ordered or permitted by the court, including, but not limited to: Establishment of the initial schedule signed and dated by the monitored individual and the monitor who prepared it, Modification of the schedule to allow for court-approved activities, A temporary court-approved change, initialed by the monitor making the change, and Review of the schedule with the monitored individual at least monthly, signed and dated by the monitored individual and the monitor; A written policy and procedure governing fees, including: Establishing the fee to be charged to a monitored individual, Collection of fees, Action to be taken against a monitored individual who is in arrears, and Recording of fee payments received; A written policy and procedure governing the monitoring of an individual which includes provisions for the following: Enough monitors on duty so that the number of individuals being monitored does not pose a threat to public safety, but not less than one monitor on duty and one on call and available 24 hours a day, 7 days a week, Drug or alcohol testing, or both, of a monitored individual as ordered by the court, In-person contact by a monitor as ordered by the court, but not less than monthly, Circumstances for a monitor's visit to the monitored individual's approved location, Verification of the monitored individual's attendance at, and status of, employment or a court-ordered activity, or both, and Immediate notification to the local law enforcement agency, and next working day notification to the court that ordered home detention, the State's attorney and the supervising probation agent, if applicable, when a monitored individual is determined to have escaped; A written policy and procedure for the verification of the monitored individual's participation in court-ordered work and other community activities, including provisions for: Documentation of scheduled activities, which shall be provided not less than every other week, and Documentation of unscheduled activities, which shall be provided as soon as possible, but not later than the next working day; A written policy and procedure on the transportation of a monitored individual by a monitor in a vehicle that is properly licensed and insured for that purpose, or a policy prohibiting a monitor from transporting a monitored individual; A written policy and procedure governing the termination of monitoring an individual, which includes provisions for: Verification of identity, Authorization to discharge the monitored individual, and Notification to the court and to affected agencies and individuals as required by law or ordered by the court; In accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland, a written policy and procedure governing when a monitor is required to notify the court, the designated law enforcement agency, and the Division of Parole and Probation if private home detention monitoring is a condition of probation, when a monitored individual has: Violated a condition of home detention monitoring; Tampered with home detention monitoring equipment or failed to maintain home detention monitoring equipment as required by a court order; and Entered an area that the monitored individual is expressly prohibited from entering as a condition of pretrial release or probation; A written policy and procedure that includes provisions for a backup source of power, the resumption of monitoring, and notification to the appropriate authority, detailing plans for the following emergencies at the monitored individual's approved location: Power outage, Loss of telephone service, Fire, Flood, Malfunction of equipment, and Other emergencies; A written policy and procedure detailing contingency plans for the monitoring agency's operation, which includes provisions for: Power outage or loss of telephone service, Death, serious illness, incapacitation, or personal emergency of a monitor, Financial hardship or insolvency of the monitoring agency, Movement of monitoring equipment or the transfer of monitoring services if the monitoring agency's office becomes unusable, Prompt notification to the government agency responsible for supervising the monitored individual, and Prompt notification to the court that ordered the monitoring; A written policy prohibiting discrimination against a monitored individual with regard to programs, services, or activities on the basis of the following: Race, Religion, National origin, Gender, or Disability; A written policy and procedure ensuring that reasonable accommodations are made for an individual with a disability; A written policy and procedure ensuring that, at orientation and before monitoring starts, a monitored individual is given written information describing the program and the expectations for a monitored individual; A written policy prohibiting a monitored individual from supervising, monitoring, controlling, or exerting or assuming authority over another monitored individual; A written policy ensuring the right of a monitored individual to choose a monitoring agency unless otherwise ordered by the court; A written policy and procedure ensuring access by a monitored individual to information pertaining to the individual's monitoring if the individual is referred to the court for a program violation; A written policy and procedure ensuring that a monitored individual does not have unauthorized access to files, computers, and computer records of the monitoring agency; A written policy and procedure ensuring the confidentiality of, and methods of authorized access to, a case record by the monitored individual, a person in interest, and an individual or agency making a formal request, which includes provisions for: Identification of an individual authorized to approve access, Designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations, A form used by a monitored individual for consenting to the release of information, and A record of access decisions; A written policy and procedure establishing a case record for a monitored individual, which includes provisions for: Secure storage in a manner which prevents unauthorized access by a monitored individual, Specification of file content and order, A signature and date on documents and entries, Daily back-up of, and date and author's identity on, electronic documents, and Establishment of a records retention schedule with documentation of dispositions; A written policy and procedure ensuring the maintenance of payment records showing receipts of payments of fees; A written policy and procedure ensuring that electronic or paper records of the monitoring of a monitored individual are available: To an appropriate authority as soon as possible, but in not more than 2 working days, For at least 3 years after the monitored individual completes the monitoring program or until the next audit by the Maryland Commission on Correctional Standards, whichever is later; A written policy and procedure providing for the retention of a monitored individual's case record for not less than 3 years after the completion of monitoring services; A written policy and procedure ensuring that the monitoring agency office is secure when not occupied; A written policy and procedure governing the availability, control, accountability, storage, and use of electronic monitoring equipment, which includes provisions for: Secure storage, making equipment inaccessible to a monitored individual, Visual inspection, not less than once per month, of equipment worn by the monitored individual to determine its condition, A master listing and inventory, Availability of at least one complete backup unit for every 25 units in use, Responses to system malfunctions, Restricted password access to authorized staff of base station hardware, and Maintenance and cleaning of equipment; A written policy and procedure ensuring that an agreement with a contractor for monitoring services includes provisions for compliance with this chapter; A written policy and procedure prohibiting certain relationships with a monitored individual, including, but not limited to, the following: A monitoring agency or employee associating with an individual monitored by that agency, except in a professional relationship that will support the goals of the program, A monitoring agency or employee entering into another business relationship with a monitored individual or monitored individual's family during the monitoring, A monitoring agency or employee employing a monitored individual for at least 1 year after the termination of the monitoring, and A monitoring agency or employee engaging in criminal conduct or violating these standards; and A written policy and procedure ensuring that a monitoring agency or employee maintains confidentiality of records and information regarding a monitored individual. The licensee shall conduct an annual review of policies and procedures and orientation materials and ensure their availability to staff. The Secretary may deny an application for a license, suspend or revoke a license, or reprimand a licensee, for reasons including, but not limited to, the following: The applicant or licensee commits any act or fails to act as specified in Business Occupations and Professions Article, §20-314, Annotated Code of Maryland; The applicant or licensee violates any federal, State, or local law or regulation; The applicant or licensee fails to perform any order of the court pertaining to a monitored individual; Any partner, director, officer, or monitor of an applicant or licensee is not of good character and reputation for reasons including, but not limited to: Conviction of a felony, Conviction of a misdemeanor involving moral turpitude, or Violation of the laws or regulations governing monitoring agencies; The applicant or licensee provides to the Secretary a false or misleading statement or document; The applicant or licensee fails to meet the minimum standards of this chapter; or The applicant or licensee, or any employee of the applicant or licensee, has a relationship with a monitored individual that could reasonably result in reduced public confidence in the integrity of private home detention monitoring. Procedures for Denying a License to an Applicant, Suspending or Revoking a License, or Reprimanding a Licensee. A complaint shall be initiated by the Secretary or made to the Secretary. A complaint shall be in writing, signed by the complainant, and shall state the facts on which the complaint is based. A complaint to the Secretary shall be made under oath by the complainant. On receipt of a complaint, the Secretary shall investigate the complaint. At the conclusion of the investigation, the Secretary shall determine whether there is a reasonable basis for grounds for denial of a license or other penalty. If there is no reasonable basis, the complaint shall be dismissed by the Secretary with notice to the complainant. Notice of Action To Be Taken. On the basis of the allegation of a complaint which is not dismissed under this regulation, the Secretary shall determine the appropriate action and shall send by U.S. mail a notice to the applicant or licensee that action shall be taken unless the applicant or licensee submits, within 30 days of the date of the notice, a written request for a hearing. The notice shall include: A copy of the complaint; A reference to a pertinent law or regulation, or both; The action to be taken; and A copy of COMAR 12.11.04. If a written request for a hearing is not received by the Secretary within 30 days of the date of the notice, the Secretary shall take the action specified in the notice. If a written request for a hearing is received by the Secretary within 30 days of the date of the notice, the matter shall proceed in accordance with COMAR 12.11.04. Business Occupations and Professions Article, Title 20; Correctional Services Article, §§2-109 and 11-726, Annotated Code of Maryland Effective date: Regulations .01—.11 adopted as an emergency provision effective June 29, 1999 (26:16 Md. R. 1239); emergency status extended at 27:1 Md. R. 73; emergency status expired June 30, 2000 (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.10 adopted effective August 7, 2000 (27:15 Md. R. 1401) Regulation .06G amended effective May 27, 2024 (51:10 Md. R. 528); March 30, 2026 (53:6 Md. R. 291) Regulation .09A amended effective March 30, 2026 (53:6 Md. R. 291)