reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-204 - Staff

(a)    The Institution shall have the following staff:
(1)    two associate directors, one of whom is a competent psychiatrist with at least 3 years of experience in the practice or teaching of psychiatry and one of whom is a competent behavioral scientist with at least 3 years of experience in the practice or teaching of the individual’s specialty in behavioral science;
(2)    a warden;
(3)    at least three additional psychiatrists or clinical psychologists;
(4)    at least four State licensed certified social workers–clinical; and
(5)    other professional and nonprofessional staff, as provided in the State budget.
(b)    (1)    The associate directors shall assist primarily in discharging the diagnostic and remediation functions of the Institution.
(2)    The warden shall assist primarily in discharging the custodial function of the Institution.
(c)    The staff members of the Institution are entitled to compensation as provided in the State budget.
(d)    (1)    Except as provided in paragraph (3) of this subsection or any other law, the staff members of the Institution are in the skilled service or professional service in the State Personnel Management System.
(2)    With the approval of the Secretary, the Director shall appoint an individual to any position that the Secretary determines to be professional, including:
(i)    each associate director;
(ii)    each social worker;
(iii)    each sociologist;
(iv)    each physician; and
(v)    each psychologist.
(3)    The Director and each individual appointed under paragraph (2)(i) of this subsection are in the executive service, in the management service, or a special appointment in the State Personnel Management System.
(4)    The warden is the appointing authority for:
(i)    correctional officers assigned to the Institution; and
(ii)    staff attached to the office of the warden.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-205 - Board of Review

(a)    There is a Board of Review for the Institution.
(b)    The Board of Review consists of the following nine members:
(1)    the Director;
(2)    the two associate directors;
(3)    the warden; and
(4)    five members of the public, one of whom is a member of a victim’s rights organization, appointed by the Governor with the advice and consent of the Senate.
(c)    The Governor shall designate the chairperson of the Board of Review.
(d)    (1)    Seven members of the Board of Review, including at least three public members, constitute a quorum.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, each action of the Board of Review requires the approval of 5 members.
(ii)    A decision to grant parole, work release, or leave to an eligible person requires the approval of seven members of the Board of Review.
(e)    (1)    Employees of the Institution who are members of the Board of Review or who attend meetings of or work as advisors to the Board of Review shall serve in that capacity as part of their regular duties without additional compensation.
(2)    The members of the Board of Review appointed from the public are entitled to compensation as provided in the State budget.
(f)    The term of a member of the Board of Review appointed from the public is 4 years.
(g)    The Board of Review shall perform the duties set forth in this title.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-206 - Conflicts of Interest

(a)    A member of the Board of Review, the Director, or an employee of the Institution may not:
(1)    be interested, directly or indirectly, in any contract, purchase, or sale made by or for the Institution or an inmate of the Institution;
(2)    accept a reward or gift or a promise of a reward or gift from a person interested in a contract, purchase, or sale made by or for the Institution or an inmate of the Institution; or
(3)    accept a reward, gift, devise, or bequest or a promise of a reward, gift, devise, or bequest from an inmate of the Institution or from anyone on the inmate’s behalf.
(b)    (1)    A reward, gift, devise, bequest, or promise accepted in violation of this section is void.
(2)    A contract, purchase, or sale in which a person has an interest prohibited by subsection (a) of this section is voidable by the State whether or not the State is a party to it.
(c)    A member of the Board of Review, the Director, or an employee of the Institution shall report to the Director or the Secretary any violation of subsection (a) of this section that is within the individual’s knowledge.
(d)    (1)    An individual who violates this section is guilty of misconduct in office.
(2)    A violation of this section is grounds for removal from office or employment.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-207 - Citizens Advisory Board

(a)    There is a Citizens Advisory Board.
(b)    Based on recommendations of the Secretary, the Governor shall appoint the members of the Citizens Advisory Board.
(c)    The Citizens Advisory Board shall advise the Director and the Secretary with respect to the operation and programs of the Institution.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-208 - Regulations

(a)    The Secretary shall adopt regulations to carry out this title.
(b)    Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations adopted under this section, other than regulations pertaining only to routine internal management of the Institution, shall comply with the Administrative Procedure Act, including regulations that:
(1)    govern criteria to determine eligibility for referral of an inmate to the Institution;
(2)    govern leave, work release, and parole from the Institution; and
(3)    establish with specificity what constitutes a major violation of the Institution’s disciplinary rules.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-210 - Medical Treatment of Juvenile Incarcerated Individuals

(a)    On the recommendation of a health care provider, the Director or Director’s designee may authorize medical treatment of a juvenile inmate when:
(1)    in the judgment of the Director or designee, the treatment is necessary; and
(2)    a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
(b)    The Director or Director’s designee may not be held liable for authorizing in good faith medically necessary treatment under subsection (a) of this section.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-213 - Mandatory Supervision; Diminution of Credit Revocation

(a)    An inmate confined at the Institution shall be released under mandatory supervision, as defined in § 7-101 of this article, in the same manner and subject to the same conditions as if the inmate were being released from a correctional facility in the Division of Correction.
(b)    The Director may establish special programs or projects for diminution credit award to the same extent that such credits may be awarded in the Division of Correction.
(c)    The Director may restore to inmates at Patuxent Institution any diminution credits rescinded upon adjudication of violation of institutional disciplinary rules to the same extent as such credits may be restored by the Commissioner of Correction to inmates in the Division.
(d)    The Director may impose special terms and conditions on any inmate released on mandatory supervision from the Institution.
(e)    If the Secretary reassigns supervisory responsibility of a mandatory releasee from the Division of Parole and Probation to the Institution in accordance with § 2-117 of this article, the Secretary may also reassign the authority to revoke mandatory supervision release to the Board of Review.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 2 - General Provisions › Section 4-214 - Menstrual Hygiene Products for Female Incarcerated Individuals

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Commission” means the Maryland Commission of Correctional Standards.
(3)    “Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle.
(b)    (1)    The Institution shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female inmate on:
(i)    admission to the facility;
(ii)    a routine basis; and
(iii)    request.
(2)    The Director shall ensure that the Institution has a sufficient supply of menstrual hygiene products available to meet the needs of the inmate population at all times.
(c)    The Commission shall establish standards regarding the proper disposal of menstrual hygiene products.
(d)    The Institution shall maintain records on the provisions and availability of menstrual hygiene products to inmates.
(e)    The Commission shall review the Institution’s policy and records relating to menstrual hygiene products during regular inspections.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-301 - Referral for Evaluation

(a)    (1)    The Director may request that the Commissioner refer an inmate to the Institution for evaluation as to whether the inmate is an eligible person if the inmate:
(i)    is serving a sentence of imprisonment following conviction of a crime;
(ii)    has more than 3 years remaining to serve on a sentence;
(iii)    has not been evaluated by or confined at the Institution within the preceding 3 years;
(iv)    is not disqualified from being an eligible person under § 4-101(e)(2) of this title; and
(v)    meets the eligibility criteria that the Secretary establishes under § 4-208(b) of this title.
(2)    The request that the Commissioner refer an inmate to the Institution shall be based:
(i)    on recommendation of the sentencing court;
(ii)    on application by the inmate or the State’s Attorney of the county in which the inmate was last convicted; or
(iii)    on the Commissioner’s own initiative.
(3)    The Commissioner shall promptly refer any inmate requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk.
(b)    (1)    Within 6 months after an inmate is referred to the Institution, an evaluation team shall examine the inmate.
(2)    Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the inmate provided for in § 4-209 of this title.
(c)    (1)    Based on the information reviewed under subsection (b)(2) of this section and an examination of the inmate, the evaluation team shall determine whether, in the opinion of a majority of the team, the inmate is an eligible person.
(2)    The evaluation team shall submit to the Director a written report that states its findings.
(3)    The report shall state in detail the reasoning supporting the team’s conclusion with respect to each of the criteria for an eligible person set forth in § 4-101(e) of this title.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-302 - Transfer to Institution

(a)    (1)    If the evaluation team determines under § 4-301(c) of this subtitle that an inmate is not an eligible person, the Director shall notify the Commissioner and send to the Commissioner a copy of the evaluation team’s report.
(2)    Within 30 days after sending the notice, the inmate shall be delivered to the appropriate correctional facility that the Commissioner designates.
(b)    If the evaluation team determines under § 4-301(c) of this subtitle that the inmate is an eligible person, the Director shall notify the Commissioner and the inmate shall be admitted to the eligible person remediation program if the admission does not exceed the program capacity specified in § 4-202(c) of this title.
(c)    (1)    The evaluation team shall prepare, file with the Director, and implement an individualized written remediation plan for each eligible person.
(2)    The Director or an associate director for treatment shall review the remediation plan and the eligible person’s progress under it at appropriate intervals not exceeding every 6 months.
(d)    (1)    At least once a year, following a new evaluation by an evaluation team, the Board of Review shall review an inmate’s status as an eligible person and the inmate’s progress under the remediation plan.
(2)    After its review, the Board of Review shall make appropriate written recommendations for the future remediation and status of the eligible person.
(3)    The Institution shall maintain a copy of these recommendations as part of the inmate’s file.
(e)    An inmate transferred to the Institution for evaluation or treatment remains in the custody of the Division of Correction and under the sentence imposed on the inmate, but the inmate is subject to the immediate control of the Institution and its staff.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-303 - Work Release and Leave of Absence

(a)    (1)    Subject to § 4–305 of this subtitle, inmates transferred to the Institution for treatment are eligible for the work release and leave of absence programs provided for in §§ 3–801 through 3–806 and 3–808 through 3–811 of this article.
(2)    The Board of Review shall perform the functions of the warden and the Commissioner under §§ 3–801 through 3–806 and 3–808 through 3–811 of this article with respect to inmates confined in the Institution.
(b)    (1)    The Board of Review may not grant an eligible person work release or leave under this section until the Board of Review mails written notice to the victim that the Board of Review intends to decide whether to grant work release or leave to the eligible person.
(2)    Before the Board of Review decides whether to grant work release or leave to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment in writing on work release or leave or to present oral testimony in the manner that the Board of Review establishes by regulation.
(3)    The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding work release or leave.
(4)    The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.
(5)    The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-306 - Transfers by Board of Review

(a)    After transfer of an inmate to the Institution for treatment as an eligible person but before the inmate’s sentence expires, on review of the inmate, the Board of Review may take any of the actions specified in subsection (b) of this section.
(b)    (1)    If an inmate submits a written request for a transfer to the Division of Correction, the Director shall notify the Commissioner and send the Commissioner a copy of any evaluation team’s report that has been completed.
(2)    If the Board of Review concludes that an inmate is no longer an eligible person but should remain confined in the Division of Correction subject to the authority of the Maryland Parole Commission until release on expiration of sentence or mandatory supervision, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team’s report.
(3)    Within 90 days after notice is provided under paragraph (1) or (2) of this subsection, the inmate shall be delivered to the appropriate correctional facility that the Commissioner designates.
(4)    A transfer under this subsection does not affect any right to parole consideration that the inmate may have at the time of transfer.
(c)    (1)    In this subsection, “major violation” includes:
(i)    escape from parole, work release, or leave;
(ii)    failure to return from parole, work release, or leave within 1 hour of the time due, unless the failure to return was due to causes beyond the control of the eligible person;
(iii)    commission of a new crime, other than a minor traffic violation, while on parole, work release, or leave;
(iv)    commission of a Category I violation of the Department’s disciplinary rules; and
(v)    use of a controlled dangerous substance that the eligible person is not entitled to use under the laws of the State.
(2)    Except as provided in paragraph (3) of this subsection, if an inmate in the Eligible Person Program or the Patuxent Youth Program commits a major violation while on parole, work release, or leave, the Board of Review may impose appropriate sanctions consistent with the best interests of public safety.
(3)    If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.
(4)    If an eligible person commits a second major violation while on parole, work release, or leave, the eligible person shall be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-307 - Restitution

If a court has ordered that an eligible person make restitution as part of a sentence or as a condition of probation, the Board of Review shall require the eligible person to make restitution payments while on parole or work release as a condition of parole or work release.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 3 - Remediation Programs › Section 4-308 - Diminution Credits

An inmate who is transferred to the Institution for evaluation or treatment shall receive full credit against a sentence for the time spent at the Institution, including allowances or disallowances for diminution of the inmate’s term of confinement under Title 3, Subtitle 7 of this article as the Director determines.
2023 Maryland Statutes › Correctional Services › Title 4 - Patuxent Institution › Subtitle 4 - Youth Program › Section 4-401 - In General

(a)    In this section, “Youth Program” means the Patuxent Institution Youth Program.
(b)    There is a Patuxent Institution Youth Program.
(c)    This section applies to an individual under the age of 21 years who is sentenced to a term of imprisonment of 3 years or more.
(d)    At sentencing, a court may refer an individual to the Institution for evaluation.
(e)    The Director shall:
(1)    review recommendations of a court for admission of an individual to the Youth Program; and
(2)    admit or deny admission of an individual based on the criteria for admission established under subsection (j) of this section.
(f)    An inmate’s status in the Youth Program shall be reviewed by the Board of Review on an annual basis.
(g)    The Board of Review may grant an inmate in the Youth Program leave, work or school release, or parole according to the same procedures and with the same notice to victims as required with respect to the eligible person program.
(h)    If an individual is transferred to the Youth Program under this section, the duration of the transfer to the Institution shall terminate when:
(1)    the Director orders the individual transferred to the Division of Correction;
(2)    the Board of Review orders the individual transferred to the Division of Correction;
(3)    with the approval of the Secretary, the Board of Review orders the individual paroled; or
(4)    the individual completes the individual’s term of confinement as provided by law.
(i)    An individual who is transferred to the Youth Program as provided under this section is deemed to be committed to the custody of and subject to the jurisdiction of the Institution.
(j)    (1)    Regulations adopted by the Secretary under § 4-208 of this title shall include regulations governing the management and operation of the Youth Program, including criteria for admission to the Youth Program.
(2)    Regulations establishing criteria for admission to the Youth Program shall:
(i)    be consistent with this title and any other statutory requirements; and
(ii)    include criteria regarding:
1.    the individual’s age;
2.    the individual’s mental and physical condition;
3.    the individual’s amenability to treatment in the Youth Program;
4.    the nature of the individual’s crime and the individual’s participation in the crime; and
5.    the public safety.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 1 - Definitions; General Provisions › Section 5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Pretrial Detention and Services.
(c)    “Division” means the Division of Pretrial Detention and Services.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Legislative Findings and Policies

(a)    The creation of the Division is based on the findings and policies set forth in this section.
(b)    (1)    Each year a large number of individuals have criminal charges placed against them in Baltimore City and remain on pretrial status until these charges are adjudicated.
(2)    Many of the individuals on pretrial status were formerly committed to the Baltimore City Jail.
(c)    There is an important public need to centralize and coordinate the provision of services to individuals on a pretrial status in Baltimore City.
(d)    Baltimore City does not have the financial resources to fund a local correctional facility at a level sufficient to meet the needs of those incarcerated.
(e)    The State recognizes the need to provide effective and efficient services to the public through management of the pretrial population in Baltimore City.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 2 - Division of Pretrial Detention and Services › Section 5-201 - Established

(a)    There is a Division of Pretrial Detention and Services in the Department.
(b)    The Division consists of:
(1)    a Pretrial Release Services Program;
(2)    a Baltimore City Detention Center; and
(3)    a centralized booking facility for Baltimore City.
(c)    The Division has the same authority with regard to the custody of its inmates and the operation of the Baltimore City Detention Center as:
(1)    the Division of Correction has under this Code with regard to the custody of its inmates and the operation of the Division of Correction; and
(2)    the sheriffs have under this Code with regard to the detention of inmates committed to their custody and the operation of local correctional facilities.
(d)    This title does not limit or supersede the authority of a court to determine the conditions of pretrial release.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 2 - Division of Pretrial Detention and Services › Section 5-202 - Commissioner

(a)    With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.
(b)    The Commissioner serves at the pleasure of the Secretary.
(c)    The Commissioner:
(1)    has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;
(2)    shall keep safely any inmate committed or transferred to the custody of the Commissioner until the inmate is discharged in accordance with law;
(3)    is in charge of the Division, subject to the authority of the Secretary;
(4)    is the appointing authority for all employees of the Division;
(5)    shall establish a home detention program under terms and conditions that the Secretary provides;
(6)    may enter agreements with the Commissioner of Correction and governmental units for the housing of any inmate held in the Baltimore City Detention Center;
(7)    may enter agreements for the housing of any inmate committed to federal or local governmental units in the Baltimore City Detention Center; and
(8)    may enter other agreements necessary to carry out the purposes of this title.
(d)    (1)    Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.
(2)    The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:
(i)    a regulation of the Division or Department; or
(ii)    the Division or the Commissioner.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 2 - Division of Pretrial Detention and Services › Section 5-203 - Deputy Commissioner

(a)    With the approval of the Secretary, the Commissioner shall appoint a Deputy Commissioner of Pretrial Detention and Services.
(b)    The Deputy Commissioner serves at the pleasure of the Commissioner.
(c)    The Deputy Commissioner shall be the acting Commissioner in the absence of the Commissioner.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 3 - Pretrial Release Services Program › Section 5-301 - Established

(a)    There is a Pretrial Release Services Program in the Division.
(b)    Subject to the authority of the Commissioner and in addition to any other duties established by law, the Pretrial Release Services Program shall perform the pretrial release duties formerly performed by the Pretrial Release Services Division of the Department of Public Safety and Correctional Services, the Pretrial Release Committee, and the Division of Parole and Probation.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 3 - Pretrial Release Services Program › Section 5-302 - Director; Deputy Director

(a)    (1)    With the approval of the Secretary, the Commissioner shall appoint the Director and Deputy Director of the Pretrial Release Services Program.
(2)    The Director is the head of the Pretrial Release Services Program.
(b)    (1)    The Director and Deputy Director of the Pretrial Release Services Program serve at the pleasure of the Commissioner.
(2)    The Director and Deputy Director are entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-401 - In General

(a)    There is a Baltimore City Detention Center in the Division.
(b)    The Baltimore City Detention Center is a pretrial detention facility for inmates committed or transferred to the custody of the Commissioner.
(c)    The Secretary may authorize the housing in the Baltimore City Detention Center of any inmate held in custody under any unit in the Department.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-402 - Warden

(a)    With the approval of the Secretary, the Commissioner shall appoint a warden of the Baltimore City Detention Center.
(b)    The warden serves at the pleasure of the Commissioner.
(c)    Subject to the authority of the Commissioner and the Secretary, the warden is in charge of the Baltimore City Detention Center.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-403 - Assistant Wardens

(a)    The Commissioner may appoint assistant wardens for the Baltimore City Detention Center as provided in the State budget.
(b)    An assistant warden serves at the pleasure of the Commissioner.
(c)    Subject to the authority of the Commissioner and the Secretary, in the absence of the warden, an assistant warden designated by the warden is in charge of the Baltimore City Detention Center.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-404 - Centralized Booking Facility

(a)    The Division shall operate a centralized booking facility for Baltimore City.
(b)    The centralized booking facility shall include:
(1)    pretrial release services;
(2)    District Court Commissioners;
(3)    an Office of the State’s Attorney for Baltimore City; and
(4)    Baltimore City Police Services.
(c)    The centralized booking facility or the Baltimore City Detention Center shall be equipped for video bail review.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-405 - Incarcerated Individual Medical Care

(a)    An inmate in the Baltimore City Detention Center who is sick, injured, or disabled shall:
(1)    reimburse the State, as appropriate, for the payment of medical expenses; and
(2)    provide the warden with any information relating to:
(i)    the existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured or covered;
(ii)    the inmate’s eligibility for benefits under the Maryland Medical Assistance Program;
(iii)    the name and address of the third party payor; and
(iv)    any policy or other identifying number relating to items (i) through (iii) of this item.
(b)    (1)    In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an inmate to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
(2)    The per visit fee shall be deducted from an inmate’s spending financial account, reserve financial account, or similar account held by the warden on behalf of the inmate.
(3)    The fees collected under this subsection shall be deposited in the General Fund of the State.
(4)    This subsection does not apply to a visit by an inmate to a medical unit or a physician, dentist, or optometrist if the visit is:
(i)    required as a part of the intake process;
(ii)    required for an initial physical examination;
(iii)    due to a referral by a nurse or physician’s assistant;
(iv)    provided during a follow-up visit that is initiated by a medical professional from the Baltimore City Detention Center;
(v)    initiated by a medical or mental health staff member of the Baltimore City Detention Center; or
(vi)    required for necessary treatment.
(c)    Subsections (a) and (b) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an inmate personally or through a person that provides insurance, coverage, or other benefits described under subsection (a) of this section.
2023 Maryland Statutes › Correctional Services › Title 5 - Division of Pretrial Detention and Services › Subtitle 4 - Baltimore City Detention Center › Section 5-406 - Authorization for Medical Treatment for Juvenile Incarcerated Individuals

(a)    On the recommendation of a health care provider, the warden of the Baltimore City Detention Center and the warden’s designees may authorize medical treatment of a juvenile inmate when in the judgment of the warden or a designee the treatment is required and a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
(b)    The warden or the warden’s designees may not be held liable for authorizing medical treatment under this section in good faith.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Absconding” means willfully evading supervision.
(2)    “Absconding” includes leaving an inpatient residential treatment facility that an individual was placed in under a court order for drug or alcohol treatment without the permission of the administrator, as defined in § 8–101 of the Health – General Article.
(3)    “Absconding” does not include missing a single appointment with a supervising authority.
(c)    “Commission” means the Maryland Parole Commission.
(d)    “Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
(e)    “Criminal risk factors” means an individual’s characteristics and behaviors that:
(1)    affect the individual’s risk of engaging in criminal behavior; and
(2)    are diminished when addressed by effective treatment, supervision, and other support services, resulting in a reduced risk of criminal behavior.
(f)    “Director” means the Director of the Division or the Director’s designee.
(g)    “Division” means the Division of Parole and Probation.
(h)    “Mandatory supervision” has the meaning stated in § 7–101 of this article.
(i)    “Offender” means an individual on parole or under mandatory supervision.
(j)    “Parolee” means an individual who has been released on parole.
(k)    “Program” means a home detention program established under § 6–108 of this subtitle.
(l)    “Risk and needs assessment” means an actuarial tool validated on the State’s correctional population that determines:
(1)    an individual’s risk of reoffending; and
(2)    the criminal risk factors that, when addressed, reduce the individual’s risk of reoffending.
(m)    “Technical violation” means a violation of a condition of probation, parole, or mandatory supervision that does not involve:
(1)    an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer;
(2)    a violation of a criminal prohibition other than a minor traffic offense;
(3)    a violation of a no–contact or stay–away order; or
(4)    absconding.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-102 - Scope of Subtitle

This subtitle does not apply to:
(1)    an inmate retained in the custody of the Patuxent Institution for:
(i)    examination to determine if the inmate is an eligible person, as defined in § 4-101 of this article; or
(ii)    confinement as an eligible person under Title 4 of this article; or
(2)    a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-104 - Duties and Powers Generally; Funding for Drinking Driver Monitor Program

(a)    Subject to the authority of the Secretary and in addition to any other duties established by law, the Division:
(1)    shall:
(i)    administer a validated screening tool on each individual on parole or mandatory supervision under the supervision of the Division;
(ii)    administer a risk and needs assessment and develop an individualized case plan for each individual on parole or mandatory supervision who has been screened as moderate or high risk to reoffend;
(iii)    supervise an individual on parole or mandatory supervision based on the results of a validated screening tool or risk and needs assessment conducted under items (i) or (ii) of this item;
(iv)    supervise an individual under mandatory supervision until the expiration of the individual’s maximum term or terms of confinement;
(v)    regularly inform the Commission of the activities of offenders who are supervised by the Division, including, if requested by the Commission, any graduated sanctions imposed under § 6–121 of this subtitle;
(vi)    issue a warrant for the retaking of an offender charged with a violation of a condition of parole or mandatory supervision, if this authority is delegated by the Commission to the Director of the Division; and
(vii)    administer the Drinking Driver Monitor Program, collect supervision fees, and adopt guidelines for collecting the monthly program fee assessed in accordance with § 6–115 of this subtitle; and
(2)    may recommend:
(i)    that the Commission modify any condition of parole or mandatory supervision; and
(ii)    that the Commission issue a warrant for the retaking of an offender.
(b)    Funding for the Drinking Driver Monitor Program shall be as provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-105 - Director

(a)    With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Director.
(b)    The Director is the head of the Division.
(c)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(d)    The Director serves at the pleasure of the Secretary.
(e)    The Director is entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-107 - Retaking Alleged Violator

A sheriff or police officer authorized to serve criminal process or a parole and probation employee designated under § 6-106 of this subtitle who receives a warrant for the retaking of an alleged violator shall execute the warrant in accordance with the directions in the warrant.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-108 - Home Detention Program -- in General

(a)    With the Secretary’s approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves.
(b)    An offender in the program shall be supervised by means of:
(1)    electronic devices; and
(2)    direct contact by employees of the Division.
(c)    An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence.
(d)    While in the program, an offender must remain in the offender’s approved dwelling except:
(1)    with the approval of the Director, to go directly to and from:
(i)    the offender’s approved place of employment;
(ii)    a medical or mental health treatment facility; or
(iii)    offices of the Department;
(2)    as required by legitimate medical or other emergencies; or
(3)    as otherwise allowed or directed by the Director.
(e)    (1)    An offender in the program is responsible for all of the offender’s living expenses, including those for food, clothing, medical care, shelter, and utilities.
(2)    Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents.
(f)    (1)    After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program.
(2)    If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee.
(g)    An offender in the program is not an agent or employee of the Division.
(h)    The Director shall employ parole and probation employees to supervise offenders in the program.
(i)    The Commission may remove an offender from the program at any time and for any reason.
(j)    (1)    With the Secretary’s approval, the Director shall adopt regulations to implement the program.
(2)    Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-109 - Home Detention Program -- Search of Dwelling

(a)    The Director may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an offender in the program to search for the offender.
(b)    An application for a search warrant shall:
(1)    be in writing;
(2)    be verified by the applicant; and
(3)    describe the premises to be searched and the nature, scope, and purpose of the search.
(c)    A judge who receives an application for a search warrant may issue a warrant on a finding that:
(1)    the scope of the proposed search is reasonable; and
(2)    obtaining consent to enter the premises may jeopardize the attempt to take custody of the offender.
(d)    (1)    A search warrant issued under this section shall specify the location of the premises to be searched.
(2)    A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
(e)    A search warrant issued under this section shall be executed and returned to the issuing judge:
(1)    within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
(2)    within 15 days after the warrant is issued, if no period is specified in the warrant.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-110 - Visitorial Powers of Parole Agents

Each duly qualified parole agent of the Division has visitorial powers over any correctional facility in which an inmate is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-111 - Suspended Sentence; Supervision

If a court suspends the sentence of an individual convicted of a crime and orders the individual to continue under the supervision of the Division for a specified time or until ordered otherwise, the Division shall:
(1)    administer a validated screening tool on the individual;
(2)    administer a risk and needs assessment and develop an individualized case plan for each individual who has been screened as moderate or high risk to reoffend;
(3)    supervise an individual based on the probation order and, to the extent not inconsistent with that order, on the results of a validated screening tool or risk and needs assessment conducted under items (1) or (2) of this section;
(4)    notwithstanding any other law, impose graduated sanctions under § 6–121 of this subtitle in response to technical violations as an alternative to seeking revocation under § 6–223 or § 6–224 of the Criminal Procedure Article;
(5)    provide prompt notice to the court of any technical violations committed and graduated sanctions imposed under § 6–121 of this subtitle; and
(6)    report to the court on the individual’s compliance.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-112 - Presentence Investigation Report; Other Investigations and Probationary Services

(a)    (1)    On request of a court, a parole and probation agent of the Division shall:
(i)    provide the court with a presentence investigation report;
(ii)    conduct other investigations; and
(iii)    perform other probationary services.
(2)    Except on court order, a presentence investigation report is confidential and is not available for public inspection.
(3)    On request, a presentence investigation report shall be made available to:
(i)    the defendant;
(ii)    the defendant’s attorney;
(iii)    the State’s Attorney;
(iv)    a correctional facility;
(v)    a parole, probation, or pretrial release official of this State, any other state, or the United States;
(vi)    a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or
(vii)    a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation.
(b)    (1)    If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before:
(i)    sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or
(ii)    referring a defendant to the Patuxent Institution.
(2)    The party that requests the report has the burden of establishing that the investigation should be ordered.
(3)    If required under § 11–402 of the Criminal Procedure Article, the report shall include a victim impact statement.
(4)    If the defendant has been convicted of a felony or misdemeanor that is related to the defendant’s membership in a criminal organization, as defined in § 9–801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant.
(c)    (1)    The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2–203 of the Criminal Law Article.
(2)    The report shall include a victim impact statement as provided under § 11–402 of the Criminal Procedure Article.
(3)    The court or jury before which the separate sentencing proceeding is conducted under § 2–304 of the Criminal Law Article shall consider the report.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-113 - Reports by State's Attorneys

The Division and the Division of Correction shall keep the report submitted under § 15–105 of the Criminal Procedure Article on file so that each unit has an abstract of each case for which application for parole may be made under this article.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-114 - Citizens' Support Unit

(a)    The Division may establish a citizens’ support unit to be known as “GUIDE”, which stands for: give understanding, inspiration, direction, and encouragement.
(b)    The unit shall consist of residents of the State who volunteer their time and services to aid in the education and counseling of parolees and probationers.