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**Administrative History:** Chapter, Public Information Requests, repealed effective September 24, 1984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