(a) This section applies only in Frederick County.
(b)(1) The Sheriff shall:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program, if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual's pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) is recommended to the court for placement in the program by the program staff;
(ii) has no other charges pending in any jurisdiction; and
(iii) is not in detention for:
1. a crime of violence; or
2. the crime of escape under § 9-404 of the Criminal Law Article.
(c)(1) The Sheriff's Department may:
(i) establish and direct a work release program; and
(ii) adopt guidelines for the operation of the program.
(2)(i) At the time of sentencing or at any time during an individual's confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
(ii) If the sentencing judge is unable to act at the time of an incarcerated individual's petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.
(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
(i) work at gainful, private employment;
(ii) seek gainful, private employment; or
(iii) participate in an educational, rehabilitative, or training program in the county.
(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
(5)(i) The Sheriff or Sheriff's designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual's participation in the program;
3. any amount a court imposes for a fine, cost, or restitution;
4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
(iii) The Sheriff shall:
1. credit to the incarcerated individual's account the remaining balance; and
2. dispose of the balance in the incarcerated individual's account as the incarcerated individual reasonably requests and as the Sheriff approves.
(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
(i) removal from the work release program; and
(ii) cancellation of any earned diminution of the incarcerated individual's term of confinement.
(d)(1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) At the time of sentencing or at any time during an individual's confinement, the sentencing judge may require that the individual participate in the home detention program.
(3) An incarcerated individual is eligible for the home detention program if:
(i) the sentencing judge recommended that the incarcerated individual participate in the program; and
(ii) the individual has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3-601 or § 3-602 of the Criminal Law Article; or
2. escape under § 9-404 of the Criminal Law Article.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 422, § 3, eff. Oct. 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 273, § 3, eff. Oct. 1, 2002; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
