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

## Subtitle 13 — Division of Parole and Probation

### Chapter 01 — Home Detention

**Authority:** Correctional Services Article, §6-108, Annotated Code of Maryland

**Administrative History:** Effective date: May 1, 1981 (8:9 Md. R. 802)

**Administrative History:** Chapter, Public Information Requests, repealed effective September 24, 1984

**Administrative History:** (11:19 Md. R. 1667)

**Administrative History:** Regulations .01—.10 under new chapter, Home Detention, adopted as an emergency provision effective November 25, 1992 (19:25 Md. R. 2200);

**Administrative History:** emergency status extended at 20:6 Md. R. 578; adopted permanently effective

**Administrative History:** March 29, 1993 (20:6 Md. R. 581)

#### Regulation .01 Purpose.

*COMAR 12.13.01.01*

A. The Division of Parole and Probation shall establish a home detention program for an eligible parolee or mandatory supervisee who by background and overall community adjustment is judged able to participate in the home detention program for any part of the remaining period of supervision with minimum risk to public safety.

B. The Division's home detention program is designed as an alternative to incarceration for a parolee who:

  (1) Is charged with a violation of a condition of parole by the issuance of a summons or retake warrant;

  (2) Is found guilty of violating a condition of parole that is technical in nature;

  (3) Is alleged to have violated a condition of parole by being charged with committing a new, nonviolent crime or has been convicted of a new, nonviolent crime which resulted in a sentence of probation, fine, or short-term incarceration; or

  (4) Is in imminent danger of having parole revoked after a retake warrant or summons has been issued.

C. A participating offender shall reside in a preapproved residence and shall:

  (1) When employed, work in a closely monitored employment situation;

  (2) Receive appropriate educational, substance abuse, counseling, or habilitative services as may be available through both Division and community resources; and

  (3) Meet financial obligations as provided in Regulation .10A of this chapter.

#### Regulation .02 Definitions.

*COMAR 12.13.01.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administrator” means the Facility Administrator of the Department of Public Safety and Correctional Services Central Home Detention Unit or the Facility Administrator's designee.

  (2) “Agent” means a parole and probation agent employed by the Division of Parole and Probation.

  (3) “Commission” means the Maryland Parole Commission.

  (4) “Department” means the Department of Public Safety and Correctional Services.

  (5) “Director” means the Director of the Division of Parole and Probation or the Director's designee.

  (6) “Division” means the Division of Parole and Probation.

  (7) “Electronic supervision” means monitoring an offender'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 offender.

  (8) “Expiration of sentence” means completion of the full undiminished sentence.

  (9) “Mandatory supervisee” means an individual released from jail or prison after having earned sufficient good time or other related credits to allow serving of the remaining sentence under supervision in the community.

  (10) “Offender” means a parolee or mandatory supervisee participating in the Division's Central Home Detention Program.

  (11) Parole.

    (a) “Parole” means the conditional release of an offender from incarceration by the Maryland Parole Commission which allows an offender to serve the balance of the sentence under community supervision.

    (b) “Parole” also means anyone released from imprisonment in accordance with Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

  (12) “Parolee” means an individual released from jail or prison by order of the Parole Commission.

  (13) “Program” means the Division's home detention program.

  (14) “Program staff” means an employee designated by the Director to work in the Division's home detention program.

  (15) “Secretary” means the Secretary of Public Safety and Correctional Services.

#### Regulation .03 Organization and Staffing.

*COMAR 12.13.01.03*

A. To comply with Correctional Services Article, §6-108, Annotated Code of Maryland, the Director shall organize and operate a home detention program as a component of the Department's Central Home Detention Unit.

B. The staffing of the program shall consist of classifications to be determined by the Director.

#### Regulation .04 Offender Eligibility Criteria.

*COMAR 12.13.01.04*

A. An offender may be required to participate in programs in the following areas to be eligible for home detention placement:

  (1) Substance abuse treatment;

  (2) Employment readiness training; or

  (3) A program as directed by the Commission.

B. An offender is ineligible for home detention placement if the offender:

  (1) Is alleged to have violated a condition of parole and is in a pretrial status following an arrest for a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or has been found to be in violation of parole conditions as a result of a conviction for a crime of violence; or

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

C. To be eligible for placement in home detention, an offender shall meet the following criteria:

  (1) Agree to accept approved employment;

  (2) Have a telephone in the offender's approved residence;

  (3) Have no chronic medical problem that would preclude the offender's placement; and

  (4) Sign a waiver of extradition.

#### Regulation .05 Approving an Offender for Home Detention Placement.

*COMAR 12.13.01.05*

A. Based upon exclusionary criteria in Regulation .04 of this chapter, program staff shall conduct screening, assessment, verification, and review for recommending approval or disapproval based on established procedures.

B. An offender's eligibility and screening documentation shall be forwarded to the Administrator for review.

C. After review by the Administrator, the offender's file with the Administrator's recommendation shall be forwarded to the Director for review and approval.

D. Upon approval of program placement by the Director, the offender's file shall be forwarded to the Commission for final review and approval. Upon disapproval by the Director, the reason for the disapproval shall be noted and the offender advised of the disapproval.

E. Upon Commission approval, the offender shall be notified of program placement by program staff. If the Commission disapproves placement in the program, the disapproval shall be noted and the offender advised of the disapproval.

F. The Commission on its own initiative may impose home detention as a condition of parole for any offender considered appropriate.

#### Regulation .06 Placement of an Offender in Home Detention.

*COMAR 12.13.01.06*

A. An offender, if in custody when approved for home detention placement by the Commission, shall be transported from the place of confinement by program staff and be given orientation to the home detention program.

B. An offender, if continued on community supervision during the home detention evaluation and placement process shall, upon approval, be notified of the date for program orientation.

C. An offender shall receive a complete orientation to the program to include:

  (1) Signing forms;

  (2) Familiarization with the operation of electronic supervision equipment; and

  (3) Familiarization with home detention requirements.

D. Following orientation, an offender shall be transported to the offender's approved residence where program staff shall:

  (1) Install and test assigned electronic monitoring equipment; and

  (2) Review with the offender work, treatment, and home schedules.

E. Program staff shall provide an offender's employer with:

  (1) An orientation to the program which includes the Division's expectations of a participating employer; and

  (2) A copy of home detention requirements which the employer and the offender are required to follow.

#### Regulation .07 Supervision of An Offender On Home Detention.

*COMAR 12.13.01.07*

A. An offender assigned to the program shall be required to submit to electronic supervision which includes telephone contact and reception of a signal from a monitoring device worn by the offender.

B. An offender assigned to the program shall admit program staff to an offender's approved residence at any time of day or night.

C. An offender shall be personally supervised 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; and

  (4) Through random urinalysis.

#### Regulation .08 Program Rules for Offenders Assigned to Home Detention.

*COMAR 12.13.01.08*

A. An offender placed in home detention shall agree to all program rules before home placement.

B. An offender shall comply with all program rules and obey all lawful orders received from program staff.

C. Conduct of Parolees.

  (1) An offender shall comply with all conditions governing:

    (a) The conduct of a parolee found in an order for release on parole under COMAR 12.08.01.21C; or

    (b) The conduct of a mandatory supervisee found in an order of mandatory supervision under Correctional Services Article, §7-503, Annotated Code of Maryland.

  (2) Failure to comply with the conditions in §C(1)(a) or (b) of this regulation may result in such graduated sanctions as a reprimand or a requirement for additional counselling or substance abuse treatment, a charge of violation of the rules of parole, removal from the program, or incarceration.

D. An offender shall agree to:

  (1) Remain at the offender's approved residence except for:

    (a) Work during preapproved hours,

    (b) An approved visit to program offices,

    (c) A prearranged and approved visit to a treatment site,

    (d) An emergency which is life-threatening to the offender or another member of the household, or

    (e) As directed by the Administrator;

  (2) Not own, possess, use, or have under their control a firearm or weapon;

  (3) Not deny entrance to the offender's approved residence by program staff;

  (4) Meet with program staff on demand at the offender's place of employment or at a location in the community designated by program staff;

  (5) Not use, have on the offender's person, or have under the offender's control an alcoholic beverage;

  (6) Be subject to urinalysis or another form of drug testing on demand by program staff;

  (7) Not change employment without the prior approval of program staff;

  (8) If employed, remain employed;

  (9) Attend any treatment activity directed by program staff;

  (10) Maintain a private telephone line during program placement and not leave the telephone receiver off the hook; call waiting is the only additional telephone service permitted;

  (11) Limit incoming or outgoing telephone calls not related to the program to not longer than 10 minutes;

  (12) Permit the installation of electronic supervision equipment at the offender's approved residence and on the offender's person as program staff may direct;

  (13) Not move, tamper with, or disturb electronic supervision equipment placed on the offender's telephone line or person; an offender shall be financially responsible for damage or loss of assigned electronic supervision equipment;

  (14) Pay all legally collectible fees; and

  (15) Not operate a motor vehicle without obtaining permission from the administrator, and only after confirmation of the offender's driver's license status and vehicle registration information by program staff.

#### Regulation .09 Enforcement.

*COMAR 12.13.01.09*

A. Pursuant to Correctional Services Article, §6-106, Annotated Code of Maryland, the Director may designate Division employees with arrest powers over an offender.

B. Staff of the Department's Central Home Detention Unit may provide mutual assistance in enforcing the rules and regulations for the home detention program.

C. An individual designated by the Director 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 shall be completed during the calendar year following completion of the training program in §C(1) of this regulation;

  (3) As part of the in-service training, qualify annually on authorized firearms and intermediate weapons as required in courses approved by the Maryland Police Training Commission.

D. Administrative Search Warrant. Pursuant to Correctional Services Article, §6-109, Annotated Code of Maryland, the Director or Administrator may petition the District Court or a circuit court with appropriate jurisdiction for an administrative search warrant for the purpose of entering an offender's approved residence to locate an offender and electronic supervision equipment.

E. Removal of Offender from the Program.

  (1) Pursuant to Correctional Services Article, §6-108(i), Annotated Code of Maryland, the Commission may remove an offender from the program for any reason including, but not limited to:

    (a) Violation of a program rule as set forth in Regulation .08 of this chapter;

    (b) A medical reason, including mental health problems; and

    (c) On the recommendation of program staff, that an offender 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 offender's home is creating an environment detrimental to the offender.

  (2) Any violation by an offender of a condition of parole or a program requirement may, at the discretion of program staff, be reported in writing to the Commission and the Administrator shall be notified.

  (3) The Commission shall make a determination to:

    (a) Continue an offender's participation in the program with no change in the conditions of parole;

    (b) Continue an offender's participation in the program with modification of the conditions of parole;

    (c) Remove an offender from the program and continue the offender on parole; or

    (d) Order that a revocation hearing be conducted.

F. Emergency Removal of Offender from the Program.

  (1) Arrest of Offenders.

    (a) Pursuant to Correctional Services Article, §6-106, Annotated Code of Maryland, a designated Division employee may arrest an offender under provisions specified in Criminal Procedure Article, §2-102, Annotated Code of Maryland.

    (b) Upon arrest, the offender shall be transported to the police agency with appropriate jurisdiction and the Administrator shall be notified.

    (c) When the offender is arrested for a new crime, program staff may request a retake warrant from the Director or Commission. The Administrator shall be notified of the request as soon as is practicable.

  (2) Issuance of Parole Retake Warrant.

    (a) If an offender presents an immediate danger to self, program staff, or anyone else, program staff shall immediately notify the Director and Administrator.

    (b) Upon delegation pursuant to Correctional Services Article, §7-206, Annotated Code of Maryland, of the authority to issue retake warrants, the Director may, dependent upon the circumstances, direct that an emergency parole retake warrant be issued and the Administrator notified. The Commission shall be notified of the issuance on the next working day.

    (c) Upon issuance and execution of the parole retake warrant, the violator will be returned to the custody of the appropriate facility as directed by the warrant.

G. Nothing in this subtitle is intended to create or extend a liberty interest in home detention for parolees or mandatory supervisees.

#### Regulation .10 Disposition of Funds Collected from a Home Detention Offender.

*COMAR 12.13.01.10*

A. Pursuant to Correctional Services Article, §6-108(f), Annotated Code of Maryland, for each offender, the Division shall determine the amount of, develop a payment schedule for, and collect from offenders in the home detention program the following:

  (1) Court-ordered restitution;

  (2) Court-imposed fines;

  (3) Court costs;

  (4) A reasonable fee for the cost of electronic supervision;

  (5) Parole supervision fees; and

  (6) Other legally collectible fees.

B. Fees collected shall be processed in accordance with established fiscal procedures regarding the collection, disbursement, and accounting of funds.

### Chapter 02 — Certificate of Rehabilitation

**Authority:** Correctional Services Article, §§2-109, 7-103, and 7-104, Annotated Code of Maryland

**Administrative History:** Effective date: June 4, 2018 (45:11 Md. R. 578)

#### Regulation .01 Purpose.

*COMAR 12.13.02.01*

A. In accordance with the Justice Reinvestment Act, the Department of Public Safety and Correctional Services (Department) supports employment of an individual who was convicted of certain specified crimes and who successfully completes parole, probation, or mandatory release obligations and, by law, is entitled to a Certificate of Completion or Certificate of Rehabilitation or both.

B. This chapter:

  (1) Sets forth eligibility requirements for a Certificate of Completion and Certificate of Rehabilitation;

  (2) Explains the purpose of a Certificate of Completion and Certificate of Rehabilitation; and

  (3) Establishes procedures for responding to an individual’s request for a Certificate of Completion and Certificate of Rehabilitation.

#### Regulation .02 Definitions.

*COMAR 12.13.02.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Crime of violence” has the meaning stated in Criminal Law Article, §14-101, Annotated Code of Maryland.

  (2) “Criminal History Record Information (CHRI)” has the meaning stated in Criminal Procedure Article, §10-201, Annotated Code of Maryland.

  (3) “Director” means the Director of the Division of Parole and Probation.

  (4) “Division” means the Division of Parole and Probation.

  (5) “Individual of record” means the individual:

    (a) To whom the certificate or a denial of the certificate shall be issued; and

    (b) Either:

      (i) Whose supervision history will be reviewed to determine eligibility for a Certificate of Completion; or

      (ii) Whose criminal history and supervision history will be reviewed to determine eligibility for a Certificate of Rehabilitation.

  (6) “Supervised” means that an individual is placed under the jurisdiction of the Division.

#### Regulation .03 Certificate of Completion.

*COMAR 12.13.02.03*

A. Under Correctional Services Article, §7-103, Annotated Code of Maryland, the Department may issue a Certificate of Completion to an individual of record or the individual of record’s legal designee if the individual was under the supervision of the Department on or after July 1, 2014.

B. A Certificate of Completion shall indicate that the individual named on the certificate was previously supervised by the Division as a probationer, parolee, or mandatory supervisee and successfully completed the individual’s term of supervision by:

  (1) Fulfilling the standard and special conditions under which the individual was released to probation, parole, or mandatory release supervision; and

  (2) Fully satisfying the individual’s requirements for payment of all restitution, fines, fees, and other payment obligations.

C. A Certificate of Completion:

  (1) Shall be in a form and contain information approved by the Director;

  (2) May be issued for each separate period an individual is supervised by the Division as provided under §B of this regulation; and

  (3) Shall only be issued for an offense adjudicated in a Maryland State Court.

D. An individual may request a Certificate of Completion:

  (1) After the individual’s term of supervision ends; and

  (2) In a manner established by the Director.

E. Division Response to a Request for a Certificate of Completion.

  (1) A Division employee receiving a request in accordance with §D of this regulation shall respond to the individual requesting a Certificate of Completion within 15 workdays of the date the request is received by the Division agent, monitor, or other authorized employee;

  (2) If the individual of record meets the eligibility requirements set forth in §B of this regulation, a Certificate of Completion shall be mailed to the individual of record’s address, within the time limit established in §E(1) of this regulation; and

  (3) If the individual of record does not meet the eligibility requirements set forth in §B of this regulation, a Denial of Certificate Completion form shall be mailed to the individual of record’s address, within the time limit established in §E(1) of this regulation.

#### Regulation .04 Certificate of Rehabilitation.

*COMAR 12.13.02.04*

A. An individual may be eligible for a Certificate of Rehabilitation if the individual:

  (1) Was convicted of a crime, misdemeanor or qualifying felony, which was not a:

    (a) Crime of violence; or

    (b) Sexual offense that requires the individual to register in accordance with Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland;

  (2) Was supervised by the Division;

  (3) Has completed all standard and special conditions under which the individual was released on probation, parole, or mandatory release supervision;

  (4) Fully satisfied payment obligations, including restitution, fines, fees, and other payment obligations;

  (5) Is no longer under the supervision of the Division;

  (6) Has not previously been issued a Certificate of Rehabilitation; and

  (7) Requests a Certificate of Rehabilitation.

B. A Certificate of Rehabilitation:

  (1) Shall be issued only for an offense adjudicated in a Maryland State Court;

  (2) May be issued only once in an individual’s lifetime; and

  (3) May not be construed as:

    (a) A pardon;

    (b) An expungement; or

    (c) A form of exoneration.

#### Regulation .05 Requesting a Certificate of Rehabilitation.

*COMAR 12.13.02.05*

A. Certificate of Rehabilitation.

  (1) An individual who wishes to apply for a Certificate of Rehabilitation shall submit a written request to the Director.

  (2) A request for a Certificate of Rehabilitation shall be made by the individual of record or the individual of record’s legal designee.

  (3) A request for a Certificate of Rehabilitation:

    (a) Shall be submitted to the Division in written form as a letter or electronically using the Department’s public website; and

    (b) May be submitted after the individual of record has completed a term of supervision by the Division.

B. A request for a Certificate of Rehabilitation shall include:

  (1) Written authorization, in a form or format approved by the Director that is signed by the individual of record, for Division staff to conduct a CHRI check on the individual of record for the limited purpose of determining if an unreported criminal event occurred prior to the closure of the Division’s interest in the case; and

  (2) Other information required by the Director.

#### Regulation .06 Processing a Request for a Certificate of Rehabilitation.

*COMAR 12.13.02.06*

A. Upon receipt of a request for a Certificate of Rehabilitation in accordance with Regulation .05 of this chapter, the Director, or a designee, shall assign the request for a Certificate of Rehabilitation for investigation to a Division field office in the region in which the individual of record’s term of probation, parole, or mandatory release was closed.

B. The agent assigned to conduct the investigation of a request for a Certificate of Rehabilitation shall:

  (1) Complete the investigation within 45 days of the date the request is received by the agent; and

  (2) Conduct and document the investigation in accordance with Division investigation requirements.

C. Before conducting a CHRI check as part of an investigation of a request for a Certificate of Rehabilitation, the agent conducting the investigation shall ensure that the individual requesting the Certificate of Rehabilitation has submitted written authorization for the CHRI check required in Regulation .05B(1) of this chapter.

D. If at any time during the investigation of a request for a Certificate of Rehabilitation the agent assigned the investigation determines that information exists to deny the request should be denied in accordance with provisions of Correctional Services Article, §7-104, Annotated Code of Maryland, the investigator shall:

  (1) Terminate the investigation;

  (2) Document the findings and reason for denying the request for a Certificate of Rehabilitation in accordance with Division procedures; and

  (3) Forward the documentation to the Director, or a designee, for approval.

E. If an investigation is not terminated in accordance with provisions under §D of this regulation or is returned by the Director, or a designee, for further investigation, the agent assigned the Certificate of Rehabilitation investigation shall complete the investigation within the 45-day period by:

  (1) Reviewing information received as part of the investigation in concert with the purpose of and eligibility requirements established by statute and regulation for a Certificate of Rehabilitation;

  (2) If the agent’s investigation establishes that the individual meets the eligibility requirements for a Certificate of Rehabilitation, complying with notification requirements in accordance with §F of this regulation;

  (3) Preparing and submitting to the Director, or a designee, a written report of findings in accordance with Division procedures;

  (4) Submitting with the written report required in §E(3) of this regulation a copy of the notice required under §F of this regulation and a written response received or, if no response is received, a statement indicating that no response was received; and

  (5) Including in the written report required in §E(3) of this regulation a statement, based on the investigation, indicating the applicant:

    (a) Meets the criteria for a Certificate of Rehabilitation; or

    (b) Does not meet the criteria for a Certificate of Rehabilitation.

F. Opportunity for Prosecutor and Crime Victim to Comment.

  (1) Correctional Services Article, §7-104, Annotated Code of Maryland, requires that if the Division intends to issue a Certificate of Rehabilitation that the following be provided an opportunity to comment on the issuance of the Certificate of Rehabilitation:

    (a) State’s Attorney or prosecutor responsible for the jurisdiction in which the conviction for the crime related to the Certificate of Rehabilitation occurred; and

    (b) Victim or victims, if any, of the crime referenced in §F(1)(a) of this regulation.

  (2) If an investigation required in §E of this regulation finds that the applicant for a Certificate of Rehabilitation meets eligibility criteria for a Certificate of Rehabilitation, within 5 workdays of the date of that determination the agent conducting the investigation shall prepare and send by U.S. Mail a written notice to the individuals identified in §F(1) of this regulation that includes:

    (a) The full name of the individual requesting a Certificate of Rehabilitation;

    (b) The court name, case number, and date of the conviction of the individual requesting a Certificate of Rehabilitation;

    (c) A statement that:

      (i) The named individual requested a Certificate of Rehabilitation;

      (ii) By law, the prosecutor and victim have a right to comment on the issuance of the requested Certificate of Rehabilitation; and

      (iii) A statement that the individual making the request for a Certificate of Rehabilitation meets statutory eligibility requirements for the Certificate of Rehabilitation;

    (d) The name and title of the agent assigned to investigate the request for a Certificate of Rehabilitation;

    (e) The address of the office to which a reply is to be sent; and

    (f) A statement that if a response is not received within 15 calendar days of the postmark on the envelope containing the notice, the Division shall conclude the parties notified waive the right to comment under this section.

G. On completion of the investigation, the agent assigned to investigate a request for a Certificate of Rehabilitation on completion of the investigation shall forward the request, report of investigation, and related documentation to the Director or a designee.

#### Regulation .07 Approving or Denying a Request for a Certificate of Rehabilitation.

*COMAR 12.13.02.07*

A. Approving or denying a request for a Certificate of Rehabilitation made in accordance with Regulation .06E(5) of this chapter related to a Certificate of Rehabilitation rests with the Director, or a designee.

B. Based on the information provided by the agent assigned to investigate the request for a Certificate of Rehabilitation, the Director, or a designee, shall:

  (1) If the decision is to approve the issuance of a Certificate of Rehabilitation:

    (a) Direct Division staff to prepare a Certificate of Rehabilitation for the individual of record; and

    (b) Mail the completed Certificate of Rehabilitation to the individual making the request; or

  (2) If the decision is to deny the issuance the Certificate of Rehabilitation:

    (a) Direct Division staff to prepare a Denial of Certificate of Rehabilitation form that includes:

      (i) A denial statement; and

      (ii) The reason or reasons for the denial; and

    (b) Mail the Denial of Certificate of Rehabilitation form to the individual making the request.

C. The Director, or a designee, shall maintain the application and related documentation in a file created for that purpose.

### Chapter 03 — Earned Compliance Credits

**Authority:** Correctional Services Article, §§2-109, 6-101, and 6-117, Annotated Code of Maryland

**Administrative History:** Effective date: May 7, 2018 (45:9 Md. R. 462)

#### Regulation .01 Scope.

*COMAR 12.13.03.01*

A. Except under §B of this regulation, these regulations apply to individuals supervised by the Division of Parole and Probation on probation, parole, or mandatory supervision release.

B. These regulations do not apply to an individual who is not a supervised individual.

#### Regulation .02 Definitions.

*COMAR 12.13.03.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Abatement” has the meaning stated in Correctional Services Article, §6-117, Annotated Code of Maryland.

  (2) “Department” means the Department of Public Safety and Correctional Services.

  (3) “Director” means the director of the Division of Parole and Probation.

  (4) “Division” means the Division of Parole and Probation.

  (5) “Earned compliance credit (ECC)” has the meaning stated in Correctional Services Article, §6-117, Annotated Code of Maryland.

  (6) “Infraction” means an act or behavior committed by a supervised individual that is not in compliance with the supervised individual’s general or special conditions of supervised release.

  (7) “Intervention” means a response to an infraction that does not require a Parole and Probation Agent or Drinking Driver Monitor to report the infraction to the sentencing court or Maryland Parole Commission.

  (8) “Monitor” has the meaning stated in COMAR 12.10.01.01.

  (9) “Noncompliant” means a supervised individual who has received:

    (a) A sanction for a technical violation; or

    (b) An intervention for an infraction.

  (10) “Offender Case Management System (OCMS)” means the Department’s records management application and database.

  (11) “Parole and Probation Agent (agent)” has the meaning stated in COMAR 12.10.01.01.

  (12) “Sanction” means a response to a technical violation that does require a Parole and Probation Agent or Drinking Driver Monitor to report the technical violation to the sentencing court of Maryland Parole Commission.

  (13) “Supervised individual” has the meaning stated in Correctional Services Article, §6-117, Annotated Code of Maryland.

  (14) “Supervised release” includes the following or a combination of the following:

    (a) Parole;

    (b) Mandatory supervision release; and

    (c) Probation.

  (15) “Technical violation” has the meaning stated in Correctional Services Article, §6-101, Annotated Code of Maryland.

#### Regulation .03 Eligibility to Accrue Earned Compliance Credits.

*COMAR 12.13.03.03*

A. Eligibility is a threshold determination which means that a supervised individual is permitted by law to receive ECC.

B. Eligibility to earn ECC is not a guarantee that a supervised individual will receive ECC.

C. Automated Eligibility Determination.

  (1) The Department shall automate eligibility for ECC.

  (2) Unless an individual is determined to be ineligible under §D of this regulation, ECC shall be automatically awarded.

D. Review of Eligibility Determination.

  (1) If an agent or monitor has reason to question the automated eligibility determination that an individual under the supervision of the Division is eligible or ineligible to earn ECC, the agent or monitor shall:

    (a) Document the concern in writing;

    (b) Manually verify the individual’s eligibility; and

    (c) Consult with a supervisor.

  (2) If an individual under the supervision of the Division has reason to question the automated eligibility determination, the individual may provide documentation supporting eligibility to the agent or monitor to be evaluated under §D(1) of this regulation.

  (3) A supervisor who is provided information by an agent or monitor under §D(1) or (2) of this regulation shall review the material and consult with the appropriate authority to determine whether the affected individual has been improperly categorized in OCMS as eligible or ineligible for ECC.

  (4) A supervisor, upon determining that an individual under the supervision of the Division is ineligible to earn ECC, shall:

    (a) Document the findings and reason for ineligibility; and

    (b) Notify the individual in writing of the:

      (i) Determination of ineligibility to earn ECC; and

      (ii) Reason or reasons for the determination of ineligibility.

  (5) A supervisor, upon determining that an individual under the supervision of the Division is eligible to earn ECC, shall:

    (a) Document the findings and reason for eligibility; and

    (b) Notify the supervised individual in writing of the:

      (i) Determination of eligibility to earn ECC; and

      (ii) Reason or reasons for the determination of eligibility.

E. If the supervised individual participates in a problem solving court established under Md. Rule 16-207, an agent or monitor in conjunction with the Court shall determine if the supervised individual’s enrollment requires the supervised individual to waive abatement as described in Regulation .06D of this chapter.

#### Regulation .04 Award of Earned Compliance Credits.

*COMAR 12.13.03.04*

A. Automated Award of ECC.

  (1) If a supervised individual is compliant with all of the conditions of supervised release during a calendar month, the Division shall automatically award ECC resulting in:

    (a) A reduction of the period of the supervised individual’s supervised release by 20 days; and

    (b) An update of the supervised individual’s projected abatement eligibility date.

  (2) The Division may not award partial ECC or prorate the accrual of ECC based on the number of days a supervised individual is under supervised release in a calendar month.

B. An agent or monitor shall notify the:

  (1) Supervised individual once every 3 months, during the period of supervised release, of the supervised individual’s projected abatement eligibility date; and

  (2) Sentencing court, Parole Commission, or both, as applicable, at least 90 calendar days before a supervised individual’s abatement date is reached, of the supervised individual’s projected abatement date.

C. A supervisor shall retract a supervised individual’s ECC if the ECC have been awarded erroneously.

#### Regulation .05 Denial of Earned Compliance Credits.

*COMAR 12.13.03.05*

A. An agent or monitor shall disqualify a supervised individual from receiving the monthly ECC if, during that month, the supervised individual:

  (1) Was noncompliant with a condition of supervision;

  (2) Was arrested, summoned, or indicted on a statement of charges;

  (3) Committed a violation of a criminal prohibition other than a minor traffic offense;

  (4) Committed a violation of a no contact or stay-away order; or

  (5) Absconded from supervision.

B. If a supervised individual is denied ECC during a calendar month, the agent or monitor shall:

  (1) Document the type of noncompliance committed;

  (2) Document the denial of ECC during the calendar month;

  (3) Notify the supervised individual in writing of the failure to earn ECC; and

  (4) Encourage the supervised individual to comply with the terms and conditions of supervision release.

C. The agent or monitor shall retroactively award the denied ECC to the supervised individual if the sentencing court or the Parole Commission finds that the supervised individual was in compliance for an alleged  act of noncompliance that led to a denial of ECC under §§A and B of this regulation.

D. If an agent or monitor’s denial of ECC is based on a failure of the supervised individual to make payment on a court-ordered financial obligation for a period exceeding 60 days, the supervised individual shall be retroactively awarded the denied ECC if:

  (1) The supervised individual satisfies the payment obligation within 60 days; or

  (2) The Court waives the supervised individual’s payment obligation.

#### Regulation .06 Abatement.

*COMAR 12.13.03.06*

A. The Division shall place a supervised individual on abatement if the supervised individual:

  (1) Is not pending trial for a new criminal charge or technical violation;

  (2) Has satisfied the term of active supervised release; and

  (3) Reached the supervised individual’s abatement eligibility date.

B. The Division shall not charge a supervision fee or program fee to a supervised individual whose supervised release has been abated.

C. A supervised individual whose supervised release is abated shall:

  (1) Obey all laws;

  (2) Obtain written permission from the Division before relocating residence outside of the State; and

  (3) If applicable, continue to make payments on outstanding court-ordered restitution and any associated fees.

D. Except as set forth in Regulation .07 of this chapter, a supervised individual whose active supervision term is abated shall remain on abated supervision status until the legal expiration date of the supervised individual’s probation, parole, or mandatory supervision release term is reached.

E. Consent to Continue Active Supervision. A supervised individual whose supervision is eligible for abatement may consent to continue active supervision until the legal expiration date of the supervised individual’s probation, parole, or mandatory supervision release is reached.

#### Regulation .07 Abatement Rescission.

*COMAR 12.13.03.07*

A. An agent or monitor shall inform the sentencing court, Parole Commission, or both, as applicable, if a supervised individual whose active supervision is abated violates a condition of the supervised individual’s probation or release order.

B. If a court or the Parole Commission finds that a supervised individual whose active supervision is abated has violated a condition of probation, parole, or mandatory supervision release, as applicable, the court or Parole Commission may rescind the supervised individual’s abatement and order the supervised individual to be returned to active supervision.