Md. Code Regs. 12.02.26.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.02.26.04 - Enforcement

A. Pursuant to Correctional Services Article, § 3-412, Annotated Code of Maryland, the Commissioner shall designate individuals in the following classifications with arrest powers over an inmate placed into the home detention unit:

(1) Administrator;

(2) Correctional staff assigned to the home detention unit; and

(3) Select correctional officers assigned to the Division's investigation unit.

B. An individual designated by the Commissioner with arrest powers shall comply with all of the following:

(1) Satisfactorily complete a training program prescribed by the Maryland Police Training Commission;

(2) Satisfactorily complete required in-service training approved by the Maryland Police Training Commission, which training shall be completed during the calendar year following completion of the training program in § B(1) of this regulation;

(3) As a part of the in-service training, qualify annually on authorized firearms and intermediate weapons in courses approved by the Maryland Police Training Commission.

C. Administrative Search Warrant. Pursuant to Correctional Services Article, § 3-415, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may petition a District Court or circuit court for an administrative search warrant within the jurisdiction where an inmate's approved residence is located, for the purpose of gaining entry to an inmate's residence to locate and return the inmate to institutional custody.

D. Removal of an Inmate From the Program.

(1) Pursuant to Correctional Services Article, § 3-413, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may remove an inmate from home detention participation and return the inmate to institutional custody.

(2) In addition to the Commissioner or the Commissioner's designee, a unit correctional officer or a designated member of the Division's investigation unit is authorized to order and direct removal of an inmate from program participation, if written documentation is submitted to and approved by the administrator before the end of the officer's shift in which the inmate was removed.

(3) An inmate may be removed from program participation for any reason, including, but not limited to:

(a) Violation of a program rule as set forth in Regulation .08 of this chapter;

(b) Medical reason, including mental health problems;

(c) Recommendation of program staff that an inmate is:

(i) Unable to maintain a functional home environment,

(ii) Under reasonable suspicion of child abuse or neglect,

(iii) Under reasonable suspicion of physically abusing an individual in the household, or

(iv) Under reasonable suspicion that an individual in the inmate's home is creating an environment detrimental to the inmate.

E. Pursuant to Correctional Services Article, § 3-409, Annotated Code of Maryland, the willful violation by an inmate of a condition of program placement is a misdemeanor and, on conviction, is punishable for up to 12 months incarceration. The warden, assistant warden, administrator, or assistant administrator may, at their discretion, approve to petition the District Court in the jurisdiction where an inmate resides, with a statement of charges to charge an inmate with a violation of this regulation. Prosecution of an inmate under this regulation may be in addition to other administrative disciplinary action taken by the Division.

F. An inmate convicted of a violation of Correctional Services Article, § 3-409, Annotated Code of Maryland, shall lose previously earned credits for good conduct in an amount determined by an adjustment hearing officer during an adjustment hearing.

G. An administrative disciplinary action taken against an inmate shall be performed in accordance with current Division policy on inmate discipline.

H. An inmate may be considered as an escapee when:

(1) Absent from an assigned location; and

(2) The inmate's location is unknown by program staff.

Md. Code Regs. 12.02.26.04

Regulations .04 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Regulations .04 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Regulations .04 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)