Md. Code Regs. 12.02.26.05

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

Section 12.02.26.05 - Inmate Eligibility Criteria

A. The Commissioner may specify treatment and educational programs an inmate is required to complete before becoming eligible for home detention placement.

B. An inmate may be required to participate in a program in the following areas:

(1) Substance abuse treatment;

(2) Employment readiness training; and

(3) A program as directed by the Commissioner.

C. An inmate is ineligible for home detention placement if the inmate:

(1) Is serving a life sentence;

(2) Has ever been convicted of or is now serving a sentence for a crime of violence as defined in Criminal Law Article, § 14-101, Annotated Code of Maryland, unless:

(a) 5 years have elapsed since expiration of sentence for the crime of violence, or

(b) The inmate is within 90 days of release on parole expiration or mandatory supervision;

(3) Has ever been convicted of the crime of child abuse under Criminal Law Article, § 3-601, Annotated Code of Maryland;

(4) Has ever been found guilty of escape under Criminal Law Article, § 9-404, Annotated Code of Maryland;

(5) Has a detainer or pending charge, with the exception of a:

(a) Payable fine,

(b) Civil contempt of court offense, or

(c) Traffic offense, excluding manslaughter and homicide by a motor vehicle;

(6) Except when the inmate has been convicted of civil contempt of court, is more than 18 months from a definite release date;

(7) Is classified to maximum or super maximum security; or

(8) Does not have a telephone and home plan within the program catchment area.

D. An inmate who has more than 6 months remaining before release at the time of home detention placement is ineligible if the inmate:

(1) Is currently serving a sentence for the manufacturing, distribution, possession with intent to distribute, or conspiracy to distribute a controlled dangerous substance as defined by the Annotated Code of Maryland; or

(2) Has been previously removed from home detention placement for violation of a program rule during the inmate's current incarceration.

E. An inmate shall meet the following criteria to be eligible for placement into home detention:

(1) Has had no convictions for a category I or II rule violation for the past 6 months;

(2) Has signed a waiver of extradition;

(3) Is within 18 months of a:

(a) Mutual agreement programming release date,

(b) Delayed parole release date, or

(c) Mandatory supervision release date;

(4) Agrees to accept approved employment;

(5) Has no chronic medical problem that would preclude the inmate's placement;

(6) Has a telephone in the inmate's approved residence.

Md. Code Regs. 12.02.26.05

Regulations .05 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 .05 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Regulations .05 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)