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§ 6-108. Home detention program--in general

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2021

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 6. Parole and Probation
Subtitle 1. Division of Parole and Probation (Refs & Annos)
Effective: October 1, 2021
MD Code, Correctional Services, § 6-108
§ 6-108. Home detention program--in general
(a) With the Secretary's approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves.
(b) An offender in the program shall be supervised by means of:
(1) electronic devices; and
(2) direct contact by employees of the Division.
(c) An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence.
(d) While in the program, an offender must remain in the offender's approved dwelling except:
(1) with the approval of the Director, to go directly to and from:
(i) the offender's approved place of employment;
(ii) a medical or mental health treatment facility; or
(iii) offices of the Department;
(2) as required by legitimate medical or other emergencies; or
(3) as otherwise allowed or directed by the Director.
(e)(1) An offender in the program is responsible for all of the offender's living expenses, including those for food, clothing, medical care, shelter, and utilities.
(2) Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents.
(f)(1) After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program.
(2) If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee.
(g) An offender in the program is not an agent or employee of the Division.
(h) The Director shall employ parole and probation employees to supervise offenders in the program.
(i) The Commission may remove an offender from the program at any time and for any reason.
(j)(1) With the Secretary's approval, the Director shall adopt regulations to implement the program.
(2) Notwithstanding § 10-101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2015, c. 22, § 5; Acts 2019, c. 8, § 5.
Formerly Art. 41, § 4-602A.
MD Code, Correctional Services, § 6-108, MD CORR SERV § 6-108
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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