Chapter 01. Home Detention
Regulation .01 Purpose.LinkCopy Citation
This chapter creates policy and procedure for a home detention program under the Division of Pretrial Detention and Services of the Department of Public Safety and Correctional Services, under Correctional Services Article, §5-202, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commissioner” means the Commissioner of Pretrial Detention and Services.
(2)
“Director” means the Director of Case Management Services, Baltimore City Detention Center, assigned to the Home Detention Unit.
(3)
“Division” means the Division of Pretrial Detention and Services.
(4)
“Electronic supervision” has the meaning stated in COMAR 12.02.26.02B.
(5)
“Executive Director” means the Executive Director of the Department of Public Safety and Correctional Services' Central Home Detention Unit.
(6)
“Inmate” means an individual detained at the Baltimore City Detention Center in place of a bond payment, and pending trial in the District Court of Maryland for Baltimore City District or the Circuit Court for Baltimore City.
(7)
“Pretrial services staff” means an employee designated by the Commissioner to coordinate screening and processing of referrals from the pretrial population.
(8)
“Program staff” means an employee designated by the Executive Director to work in the Central Home Detention Unit.
(9)
“Unit” means the Department of Public Safety and Correctional Services' Central Home Detention Unit.
Regulation .03 Organization and Staffing.LinkCopy Citation
A.
The Commissioner, in cooperation with the Commissioner of Correction, shall organize and operate a unified home detention unit.
B.
The program provides an alternative to the incarceration of select pretrial inmates charged with the commission of nonviolent crimes while awaiting trial. Participating inmates are:
(1)
Personally supervised;
(2)
Monitored electronically; and
(3)
Housed in approved residences with directed and controlled community access for purposes of:
(a)
Treatment;
(b)
Counseling; and
(c)
Employment.
C.
The home detention program shall consist of the following programmatic elements:
(1)
Screening;
(2)
Placement;
(3)
Electronic monitoring;
(4)
Case work services;
(5)
Employment and community services;
(6)
Substance abuse testing; and
(7)
Service fees.
D.
Under Correctional Services Article, §5-201(c), Annotated Code of Maryland, the Division has the same authority with regard to the custody of its inmates and the operation of the Division of Pretrial Detention and Services as the Division of Correction.
Regulation .04 Eligibility Criteria for a Pretrial Detainee.LinkCopy Citation
A.
An inmate may volunteer for placement in the home detention program. To be eligible for participation, the detainee shall:
(1)
Be awaiting trial for an offense that is not identified under Criminal Law Article, §14-101, Annotated Code of Maryland;
(2)
Have a residence in Maryland approved by Unit program staff;
(3)
Have no history of conviction and not be awaiting trial for child abuse or sexual abuse of a minor under Criminal Law Article, §§3-601 and 3-602, Annotated Code of Maryland;
(4)
Have had 3 years elapse since expiration of sentence or probation for a conviction for a crime of violence as defined under Criminal Law Article §14-101, Annotated Code of Maryland; and
(5)
Have no documented history of escape or attempted escape within the last 10 years.
B.
An inmate committed for contempt of court may be eligible for home detention under §A of this regulation.
Regulation .05 Screening and Placement.LinkCopy Citation
A.
Pretrial services staff shall screen a defendant detained following a bail review hearing. If the defendant is not released by the reviewing judge and the inmate is eligible under Regulation .04A of this chapter, the inmate shall be recommended for home detention placement.
B.
Pretrial services staff shall screen eligible detainees for home detention placement within 3 business days of the inmate's bail review hearing. An eligible inmate shall be recommended for home detention placement.
C.
If pretrial services staff recommends a defendant for home detention placement the defendant's file shall be transferred to the Central Home Detention Unit within 1 business day of the recommendation. The defendant's file shall contain:
(1)
The statement of charges or committing documents;
(2)
A complete criminal history with all dispositions; and
(3)
Inmate background information which shall consist of:
(a)
Residence;
(b)
Employment history;
(c)
Military history;
(d)
Health conditions;
(e)
Substance abuse history;
(f)
Probation or parole status;
(g)
Current detainers;
(h)
Current open warrants; and
(i)
Pending trials.
D.
The Central Home Detention Unit shall process and make the appropriate decision concerning placement in the home detention program within 5 business days of the receipt of the defendant's file from pretrial services staff.
E.
The Commissioner or designee has final authority to approve the inmate for home detention placement.
F.
On review and approval by the Commissioner or the Commissioner's designee, the defendant shall be transferred to the Central Home Detention Unit within 2 business days of the approval.
G.
If a defendant is disapproved for program placement by the Commissioner, the screening process shall terminate.
H.
If a defendant is disapproved for program participation:
(1)
The rationale shall be recorded in the defendant's file;
(2)
The Central Home Detention Unit shall return the defendant's file to pretrial services staff within 2 business days of the denial; and
(3)
The defendant shall be notified by pretrial services staff within 5 business days of receipt of the defendant's file.
I.
The Executive Director shall ensure that a program inmate participates in program orientation established under COMAR 12.02.26.07A.
J.
The inmate shall sign an acknowledgement that the inmate has received:
(1)
An explanation of the program rules; and
(2)
Program equipment.
K.
Following orientation, program staff shall:
(1)
Transport the inmate to the inmate's residence; and
(2)
Install the electronic supervision equipment.
Regulation .06 Supervision.LinkCopy Citation
The Commissioner shall establish minimum standards of supervision for an inmate assigned to home detention which shall include, but not be limited to, the requirements under COMAR 12.02.26.09.
Regulation .07 Enforcement.LinkCopy Citation
By agreement with the Division of Correction, the Division's program is subject to the enforcement provisions under COMAR 12.02.26.04B—D and F—H except for those provisions that by their nature would not apply to the Division's inmates.
Regulation .08 Collection and Disposition of Funds Received from a Home Detention Inmate.LinkCopy Citation
By agreement with the Division of Correction, the Division's program is subject to the provisions under COMAR 12.02.26.10 except for those provisions that by their nature would not apply to the Division's inmates.
Regulation .09 Program Rules for an Inmate Assigned to Home Detention.LinkCopy Citation
By agreement with the Division of Correction, the Division's program is subject to the provisions under COMAR 12.02.26.08 except for those provisions that by their nature would not apply to the Division's inmates.
Regulation .10 Discharge of an Inmate from Home Detention.LinkCopy Citation
A.
An inmate shall be discharged from home detention if the inmate:
(1)
Has the pending charge or charges, for which the inmate is being detained, adjudicated by the District or circuit court;
(2)
Pays the bond amount previously set by the court; or
(3)
Has a charge placed against the inmate which disqualifies the individual under Regulation .04 of this chapter.
B.
An inmate whose charges are adjudicated and is committed to either the Division of Correction or the Baltimore City Detention Center may remain on home detention if qualified under COMAR 12.02.26.
Chapter annotations
Authority: Correctional Services Article, §5-202, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.10 adopted as an emergency provision effective September 3, 1991 (18:19 Md. R. 2095); emergency status extended at 18:26 Md. R. 2828; adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)