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§ 6-121. Graduated sanctions for technical violations of conditions of supervision

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2017

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, 2017
MD Code, Correctional Services, § 6-121
§ 6-121. Graduated sanctions for technical violations of conditions of supervision
(a) This section shall apply to all individuals under the supervision of the Division.
(b)(1) The Division shall impose graduated sanctions in response to technical violations of conditions of supervision.
(2) Graduated sanctions may not include incarceration or involuntary detention.
(3) The Division shall provide notice to the court of a technical violation committed and a graduated sanction imposed as a result of the violation.
(c) The Department shall:
(1) establish a program to implement the use of graduated sanctions in response to technical violations of the conditions of community supervision;
(2) adopt policies and procedures to implement the program and to ensure that due process protections are in place for an individual under the supervision of the Division to challenge graduated sanctions imposed under the program; and
(3) develop a matrix to guide a parole and probation agent in determining the suitable response to a technical violation that includes a range of the most common violations and a range of possible noncustodial sanctions to be imposed.
(d) If the available graduated sanctions have been exhausted, the Division shall refer the individual to the court or the Commission for additional sanctions, including formal revocation of probation, parole, or mandatory supervision under § 7-401 or § 7-504 of this article or § 6-223 or § 6-224 of the Criminal Procedure Article.

Credits

Added by Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.
MD Code, Correctional Services, § 6-121, MD CORR SERV § 6-121
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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