(a) The Division may establish an extended work-release program.
(b) Under the extended work-release program, an incarcerated individual who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:
(1) to work at gainful employment;
(2) to live in a noninstitutional environment; or
(3) under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.
(c) When an incarcerated individual who has been convicted of desertion or nonsupport of a spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner's designee to determine the advisability of placing the incarcerated individual in the extended work-release program.
(d)(1)(i) After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner's designee may approve, disapprove, or defer action on the placement of an incarcerated individual in the extended work-release program.
(ii) If an incarcerated individual is approved for placement in the extended work-release program, the Commissioner or the Commissioner's designee shall adopt an extended work-release plan for the incarcerated individual.
(2) An extended work-release plan:
(i) shall contain terms and conditions that are necessary and proper;
(ii) shall be signed by the incarcerated individual before the incarcerated individual participates in the program; and
(iii) may be conditioned on the incarcerated individual's agreement to waive the right to contest extradition proceedings.
(3) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the extended work-release program.
(e) In addition to any other terms and conditions contained in an extended work-release plan, a plan may provide:
(1) that the incarcerated individual's earnings be used to support the incarcerated individual's family and reimburse the State for the incarcerated individual's room and board; and
(2)(i) that the incarcerated individual work at gainful employment during necessary and reasonable hours;
(ii) that the incarcerated individual live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or
(iii) in special cases, to serve the general welfare and the best interests of the incarcerated individual's family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the incarcerated individual live at home under intensive supervision by the Division of Parole and Probation.
(f)(1) An incarcerated individual who has been placed in an extended work-release plan, including an incarcerated individual who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an incarcerated individual who is actually confined in a correctional facility until the incarcerated individual:
(i) is pardoned or paroled; or
(ii) has served the incarcerated individual's full sentence less any diminution credits awarded under Subtitle 7 of this title.
(2) If the Commissioner revokes an extended work-release plan, the incarcerated individual shall be returned to actual confinement in a correctional facility until a new plan is approved for the incarcerated individual.
(g) Other State units, including the Department of Human Services and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work-release program.
(h) The Commissioner may adopt regulations to implement the extended work-release program.
(i)(1) An incarcerated individual who is released from actual confinement under an extended work-release program may not willfully violate the terms of authorization for release in the incarcerated individual's extended work-release plan.
(2) An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 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 2017, c. 62, § 6; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
