reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in this chapter, COMAR 12.12.01-----12.12.25 governing the Institution also governs the Program.
B. Parole is a privilege and not a right. Parole may be revoked in accordance with the procedures described in COMAR 12.12.13.03B.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.04 - Referral Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. A court may, at sentencing, order the Commissioner to refer an individual to Patuxent Institution for evaluation, unless ineligible under Regulation .06 of this chapter, if the individual is:
(1) Younger than 21 years old at the time of the referral; and
(2) Sentenced to a term of imprisonment of 3 years or more for a criminal offense.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.05 - Evaluation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The evaluation team shall examine the referred inmate at either a Division facility or at the Institution. The Director shall select the location for the examination.
B. The evaluation team shall meet at the Institution to determine whether the Division inmate is a Patuxent youth according to the criteria in Correctional Services Article, §
									4-401(i), Annotated Code of Maryland, and Regulation .06 of this chapter.
C. If the examination is to be conducted at a Division facility, the following records needed by the evaluation team are assembled by the Division:
(1) Documents from the base file as follows:
(a) A copy of the commitment order,
(b) The admission summary,
(c) A copy of the sentencing guidelines,
(d) Presentence investigation reports, parole reports, probation reports, and other reports that have been prepared concerning the inmate, or documentation that none exists,
(e) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction,
(f) The State's version of the crime,
(g) Prior criminal and juvenile history and all relevant records concerning it,
(h) The disciplinary record, and
(i) Correspondence from judges relating to their referral and recommendation of an inmate to the Institution;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.06 - Admission Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual meeting the referral criteria in Regulation .04 of this chapter may be admitted to the Program if the Director determines that the individual:
(1) Has an emotional unbalance or intellectual impairment;
(2) Is likely to respond favorably to the programs and services provided at the Institution; and
(3) Can better respond to remediation through the services offered in the Program than through other types of incarceration.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.07 - Treatment Programs and Assessment During Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A treatment program developed by the Director shall be governed by a set of clinical guidelines which include the specific:
(1) Treatment methods to be applied within the Program; and
(2) Outcome measures for determining the effectiveness of the program.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.27 - Patuxent Institution Youth Program › Section 12.12.27.08 - Patuxent Youth Transfers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The duration of incarceration of a Patuxent youth in the Institution terminates when:
(1) The Director orders the individual transferred to the Division;
(2) With the approval of the Secretary, the individual is ordered paroled by the Patuxent Institution Board of Review in accordance with the provisions set forth in COMAR 12.12.12; or
(3) The individual's term of imprisonment is completed as provided by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accompanied day leave" means a leave during which the prerelease inmate is accompanied into the community by an Institution staff member, usually a member of the treatment unit to:
(a) Become familiar with community resources;
(b) Find employment; or
(c) Accomplish a basic task of community reentry.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.02 - Prerelease Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Review has the power to grant, revoke, or modify an inmate's prerelease status.
B. Patuxent youth may be granted the privilege of leaving confinement during necessary and reasonable hours for leave, working at gainful private or public employment, or attending school as part of a school release program. These programs may also include, under appropriate conditions, release to seek employment or schooling. Leave, work release, and school release are considered prerelease programs intended to prepare Patuxent youth for parole, mandatory supervision, or expiration of sentence. A Patuxent youth does not have a right to be granted leave, work release, or school release. Leave, work release, and school release are privileges to be granted or revoked at the discretion of the Board of Review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.03 - Prerelease Status-Public Safety Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for prerelease status, the Board of Review shall consider the following public safety criteria:
(1) The compatibility of the release of the inmate on leave, work release, or school release with the safety and welfare of society;
(2) The length of the inmate's sentence and the amount of time served on the current term of imprisonment to date;
(3) The nature of the crime for which the inmate is currently incarcerated;
(4) The circumstances surrounding the crime for which the inmate is currently incarcerated;
(5) The determination that leave, work release, or school release would not:
(a) Depreciate the seriousness of the inmate's crime,
(b) Promote disrespect for the law, or
(c) Have an adverse effect on Institution discipline;
(6) The existence of unresolved out-of-State or federal detainers;
(7) A report or recommendation made by the inmate's victim or victims, or a representative designated by the victim;
(8) A report or recommendation made by the sentencing judge, the State's attorney, or a professional medical consultant; and
(9) Other factors or information which the Board of Review may find relevant in assessing the risk to public safety which may be posed by placing the inmate on prerelease status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.04 - Progress-in-Treatment Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for prerelease status, the Board of Review shall consider the following progress-in-treatment criteria:
(1) The inmate's overall progress in treatment;
(2) The inmate's overall behavior and adjustment while incarcerated;
(3) Whether prerelease status would assist in the inmate's remediation by enhancing the inmate's ability to lead a law-abiding life;
(4) Whether the inmate has successfully functioned in a previous prerelease status; and
(5) Other factors or information which the Board of Review considers relevant in assessing the inmate's progress in treatment.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.05 - Granting Leave, Work Release, and School Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. Leave, work release, or school release may not be granted unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.08.05A.
B. Victim Comment, Victim Notification, and Police Notification.
(1) The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant leave, work release, or school release to the inmate.
(2) 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 that the inmate will be considered for leave, work release, or school release.
(3) The Board of Review shall delete the victim's address and telephone number before examination of a document by the inmate or the inmate's representative.
(4) If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
(5) The Board of Review shall notify the victim of its decision regarding leave, work release, or school release.
(6) The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed when an inmate has been approved for leave, work release, or school release status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.06 - Housing of Inmates Granted Work Release or School Release Privileges

Current through Register Vol. 51, No. 14, July 12, 2024
The Institution shall designate facilities for the housing of inmates granted work release or school release privileges.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.07 - Monitoring and Supervision of Leave, Work Release, and School Release Participants

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participant in the prerelease program shall be monitored and supervised in the community to assure the continued safety of the public.
B. The Associate Director responsible for treatment services and the administrator of the reentry facility shall develop and implement a plan for community supervision of participants in the work release and school release programs. The plan shall be approved by the Director and include procedures for work or school site visits, home visits, and documentation and reporting of prerelease violations.
C. The following are responsible for managing the community monitoring program and ensuring that the personnel performing the monitoring tasks meet the requirements of the plan developed in §B of this regulation:
(1) For the leave program, the treatment unit chairman is the responsible manager; and
(2) For the work release and school release programs, the administrator of the reentry facility is the responsible party.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.28 - Patuxent Institution Youth Program-Leave, Work Release, and School Release › Section 12.12.28.08 - Disposition of Earnings

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate employed in the community under a work release or school release program shall surrender to the Institution the inmate's total earnings less payroll deductions required by law.
B. The Institution shall deduct from the inmate's earnings, in the following order of priority, an amount determined to be the cost to the State of providing the following:
(1) Food, lodging, and clothing for the inmate;
(2) The actual and necessary cost of food, travel, and other expenses of the inmate when released from actual confinement under the program;
(3) The amount which the inmate may be legally obligated to pay for the support of the inmate's dependents; and
(4) The amount ordered to be paid by the court as restitution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Adjudicated Federal Detainer.
(a) "Adjudicated federal detainer" means a detainer based on an offense for which the inmate has been tried, convicted, sentenced, and committed to the custody of the United States Attorney General.
(b) "Adjudicated federal detainer" does not mean a detainer based on an untried indictment, information, or complaint, or a detainer of federal parole or federal probation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parole, as defined in COMAR 12.12.08.05A, may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review.
B. The Board of Review has the exclusive power to recommend an inmate for parole to the Secretary or to the Governor.
C. Date Crime was Committed.
(1) The required approval for parole status depends on:
(a) The date that the crime for which an inmate is incarcerated was committed; and
(b) Whether an inmate is serving a life or nonlife sentence.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.03 - Length of Sentence and Time Served Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate sentenced to life imprisonment is ineligible for parole consideration until the inmate has served 15 years or the equal of 15 years after considering allowances for diminution of the period of confinement provided by law when diminution of sentence credits are otherwise applicable to establish a mandatory supervision release date.
B. An inmate sentenced to life imprisonment as a result of a proceeding under Criminal Law Article, §
									2-303, Annotated Code of Maryland, is not eligible for parole consideration until the inmate has served 25 years or the equal of 25 years after considering the allowances for diminution of the period of confinement provided by law when diminution of sentence credits are otherwise applicable to establish a mandatory supervision release date.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.04 - Progress on Work Release or School Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. When considering an inmate for parole, the Board of Review shall determine whether the inmate has performed successfully on work release or school release. Letters from employers, friends, family members, and others which describe the inmate's adjustment on work release or school release are forwarded to the Board of Review for parole consideration.
B. In determining successful performance on work release or school release, the Board of Review shall consider an inmate's progress based upon the public safety criteria and progress-in-treatment criteria specified in COMAR 12.12.10.04A and .05.
C. When making a determination concerning parole, the Board of Review shall also consider:
(1) Whether the inmate has successfully participated in a substance abuse program while on work release or school release, if appropriate;
(2) Whether the inmate has continued to demonstrate emotional maturity and insight as assessed through the reports and recommendations of Institution treatment and custody staff;
(3) The inmate's ability and readiness to assume obligations and to undertake responsibilities to live in the community;
(4) The inmate's community resources and the stability of the family that will assist the inmate to return to the community;
(5) The inmate's physical health; and
(6) Other factors or information which the Board of Review may find relevant to parole consideration.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.05 - Medical Parole

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following criteria are used when considering an inmate for medical parole:
(1) The inmate is imminently terminal or has a condition which indicates that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and
(2) The inmate's release would not unduly jeopardize public safety.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.06 - Parole to Adjudicated Federal Detainer

Current through Register Vol. 51, No. 14, July 12, 2024
An inmate with an adjudicated federal detainer is subject to the same procedures and criteria to meet the detainer when being considered for parole as an inmate who does not have an adjudicated federal detainer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.08 - Parole Release Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A parole release plan shall be completed and submitted before the parole hearing.
B. Elements in a parole release plan include, but are not limited to, the following:
(1) The name of the parolee's employer or evidence of other legitimate means of financial support;
(2) The location at which the parolee will reside; and
(3) The nature of community services necessary to meet the special needs of the parolee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.29 - Patuxent Institution Youth Program-Parole › Section 12.12.29.09 - Monitoring and Supervision of Parolees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A parolee shall be seen by an assigned parole supervisor or designee for parole supervision in accordance with the terms of parole established by the Board of Review. Each contact with a parolee shall be documented by the supervisor or the designee. Contact includes both scheduled and unscheduled meetings and may take place in the field, home, place of employment, or other location.
B. Schedule of Meetings.
(1) The Board of Review shall establish a schedule of required supervisory meetings between a parolee and the parolee's supervisor and make adherence to that schedule a written condition of parole.
(2) A first-year parolee shall meet with the parole supervisor a minimum of once a week.
(3) A second-year parolee shall meet with the parole supervisor a minimum of once every 2 weeks.
(4) A third-year parolee shall meet with the parole supervisor a minimum of once a month.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division of Parole and Probation shall establish a home detention program for an eligible parolee or mandatory supervisee who by background and overall community adjustment is judged able to participate in the home detention program for any part of the remaining period of supervision with minimum risk to public safety.
B. The Division's home detention program is designed as an alternative to incarceration for a parolee who:
(1) Is charged with a violation of a condition of parole by the issuance of a summons or retake warrant;
(2) Is found guilty of violating a condition of parole that is technical in nature;
(3) Is alleged to have violated a condition of parole by being charged with committing a new, nonviolent crime or has been convicted of a new, nonviolent crime which resulted in a sentence of probation, fine, or short-term incarceration; or
(4) Is in imminent danger of having parole revoked after a retake warrant or summons has been issued.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrator" means the Facility Administrator of the Department of Public Safety and Correctional Services Central Home Detention Unit or the Facility Administrator's designee.
(2) "Agent" means a parole and probation agent employed by the Division of Parole and Probation.
(3) "Commission" means the Maryland Parole Commission.
(4) "Department" means the Department of Public Safety and Correctional Services.
(5) "Director" means the Director of the Division of Parole and Probation or the Director's designee.
(6) "Division" means the Division of Parole and Probation.
(7) "Electronic supervision" means monitoring an offender's location or whereabouts through the use of devices that combine telephone contact and the reception of a signal from a monitoring device worn by the offender.
(8) "Expiration of sentence" means completion of the full undiminished sentence.
(9) "Mandatory supervisee" means an individual released from jail or prison after having earned sufficient good time or other related credits to allow serving of the remaining sentence under supervision in the community.
(10) "Offender" means a parolee or mandatory supervisee participating in the Division's Central Home Detention Program.
(11) Parole.
(a) "Parole" means the conditional release of an offender from incarceration by the Maryland Parole Commission which allows an offender to serve the balance of the sentence under community supervision.
(b) "Parole" also means anyone released from imprisonment in accordance with Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.
(12) "Parolee" means an individual released from jail or prison by order of the Parole Commission.
(13) "Program" means the Division's home detention program.
(14) "Program staff" means an employee designated by the Director to work in the Division's home detention program.
(15) "Secretary" means the Secretary of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.03 - Organization and Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. To comply with Correctional Services Article, §
									6-108, Annotated Code of Maryland, the Director shall organize and operate a home detention program as a component of the Department's Central Home Detention Unit.
B. The staffing of the program shall consist of classifications to be determined by the Director.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.04 - Offender Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. An offender may be required to participate in programs in the following areas to be eligible for home detention placement:
(1) Substance abuse treatment;
(2) Employment readiness training; or
(3) A program as directed by the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.05 - Approving an Offender for Home Detention Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Based upon exclusionary criteria in Regulation .04 of this chapter, program staff shall conduct screening, assessment, verification, and review for recommending approval or disapproval based on established procedures.
B. An offender's eligibility and screening documentation shall be forwarded to the Administrator for review.
C. After review by the Administrator, the offender's file with the Administrator's recommendation shall be forwarded to the Director for review and approval.
D. Upon approval of program placement by the Director, the offender's file shall be forwarded to the Commission for final review and approval. Upon disapproval by the Director, the reason for the disapproval shall be noted and the offender advised of the disapproval.
E. Upon Commission approval, the offender shall be notified of program placement by program staff. If the Commission disapproves placement in the program, the disapproval shall be noted and the offender advised of the disapproval.
F. The Commission on its own initiative may impose home detention as a condition of parole for any offender considered appropriate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.06 - Placement of an Offender in Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An offender, if in custody when approved for home detention placement by the Commission, shall be transported from the place of confinement by program staff and be given orientation to the home detention program.
B. An offender, if continued on community supervision during the home detention evaluation and placement process shall, upon approval, be notified of the date for program orientation.
C. An offender shall receive a complete orientation to the program to include:
(1) Signing forms;
(2) Familiarization with the operation of electronic supervision equipment; and
(3) Familiarization with home detention requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.07 - Supervision of An Offender On Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An offender assigned to the program shall be required to submit to electronic supervision which includes telephone contact and reception of a signal from a monitoring device worn by the offender.
B. An offender assigned to the program shall admit program staff to an offender's approved residence at any time of day or night.
C. An offender shall be personally supervised by program staff as follows:
(1) At home;
(2) At work and through employment verification by contact with the employer and submission of a paycheck stub;
(3) At unit offices; and
(4) Through random urinalysis.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.08 - Program Rules for Offenders Assigned to Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An offender placed in home detention shall agree to all program rules before home placement.
B. An offender shall comply with all program rules and obey all lawful orders received from program staff.
C. Conduct of Parolees.
(1) An offender shall comply with all conditions governing:
(a) The conduct of a parolee found in an order for release on parole under COMAR 12.08.01.21C; or
(b) The conduct of a mandatory supervisee found in an order of mandatory supervision under Correctional Services Article, §
											7-503, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.09 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Correctional Services Article, §
									6-106, Annotated Code of Maryland, the Director may designate Division employees with arrest powers over an offender.
B. Staff of the Department's Central Home Detention Unit may provide mutual assistance in enforcing the rules and regulations for the home detention program.
C. An individual designated by the Director 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 shall be completed during the calendar year following completion of the training program in §C(1) of this regulation;
(3) As part of the in-service training, qualify annually on authorized firearms and intermediate weapons as required in courses approved by the Maryland Police Training Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.01 - Home Detention › Section 12.13.01.10 - Disposition of Funds Collected from a Home Detention Offender

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Correctional Services Article, §
									6-108(f), Annotated Code of Maryland, for each offender, the Division shall determine the amount of, develop a payment schedule for, and collect from offenders in the home detention program the following:
(1) Court-ordered restitution;
(2) Court-imposed fines;
(3) Court costs;
(4) A reasonable fee for the cost of electronic supervision;
(5) Parole supervision fees; and
(6) Other legally collectible fees.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with the Justice Reinvestment Act, the Department of Public Safety and Correctional Services (Department) supports employment of an individual who was convicted of certain specified crimes and who successfully completes parole, probation, or mandatory release obligations and, by law, is entitled to a Certificate of Completion or Certificate of Rehabilitation or both.
B. This chapter:
(1) Sets forth eligibility requirements for a Certificate of Completion and Certificate of Rehabilitation;
(2) Explains the purpose of a Certificate of Completion and Certificate of Rehabilitation; and
(3) Establishes procedures for responding to an individual's request for a Certificate of Completion and Certificate of Rehabilitation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Crime of violence" has the meaning stated in Criminal Law Article, §
										14-101, Annotated Code of Maryland.
(2) "Criminal History Record Information (CHRI) " has the meaning stated in Criminal Procedure Article, §
										10-201, Annotated Code of Maryland.
(3) "Director" means the Director of the Division of Parole and Probation.
(4) "Division " means the Division of Parole and Probation.
(5) "Individual of record" means the individual:
(a) To whom the certificate or a denial of the certificate shall be issued; and
(b) Either:
(i) Whose supervision history will be reviewed to determine eligibility for a Certificate of Completion; or
(ii) Whose criminal history and supervision history will be reviewed to determine eligibility for a Certificate of Rehabilitation.
(6) "Supervised" means that an individual is placed under the jurisdiction of the Division.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.03 - Certificate of Completion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under Correctional Services Article, §
									7-103, Annotated Code of Maryland, the Department may issue a Certificate of Completion to an individual of record or the individual of record's legal designee if the individual was under the supervision of the Department on or after July 1, 2014.
B. A Certificate of Completion shall indicate that the individual named on the certificate was previously supervised by the Division as a probationer, parolee, or mandatory supervisee and successfully completed the individual's term of supervision by:
(1) Fulfilling the standard and special conditions under which the individual was released to probation, parole, or mandatory release supervision; and
(2) Fully satisfying the individual's requirements for payment of all restitution, fines, fees, and other payment obligations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.04 - Certificate of Rehabilitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may be eligible for a Certificate of Rehabilitation if the individual:
(1) Was convicted of a crime, misdemeanor or qualifying felony, which was not a:
(a) Crime of violence; or
(b) Sexual offense that requires the individual to register in accordance with Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.05 - Requesting a Certificate of Rehabilitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certificate of Rehabilitation.
(1) An individual who wishes to apply for a Certificate of Rehabilitation shall submit a written request to the Director.
(2) A request for a Certificate of Rehabilitation shall be made by the individual of record or the individual of record's legal designee.
(3) A request for a Certificate of Rehabilitation:
(a) Shall be submitted to the Division in written form as a letter or electronically using the Department's public website; and
(b) May be submitted after the individual of record has completed a term of supervision by the Division.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.06 - Processing a Request for a Certificate of Rehabilitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a request for a Certificate of Rehabilitation in accordance with Regulation .05 of this chapter, the Director, or a designee, shall assign the request for a Certificate of Rehabilitation for investigation to a Division field office in the region in which the individual of record's term of probation, parole, or mandatory release was closed.
B. The agent assigned to conduct the investigation of a request for a Certificate of Rehabilitation shall:
(1) Complete the investigation within 45 days of the date the request is received by the agent; and
(2) Conduct and document the investigation in accordance with Division investigation requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.02 - Certificate of Rehabilitation › Section 12.13.02.07 - Approving or Denying a Request for a Certificate of Rehabilitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approving or denying a request for a Certificate of Rehabilitation made in accordance with Regulation .06E(5) of this chapter related to a Certificate of Rehabilitation rests with the Director, or a designee.
B. Based on the information provided by the agent assigned to investigate the request for a Certificate of Rehabilitation, the Director, or a designee, shall:
(1) If the decision is to approve the issuance of a Certificate of Rehabilitation:
(a) Direct Division staff to prepare a Certificate of Rehabilitation for the individual of record; and
(b) Mail the completed Certificate of Rehabilitation to the individual making the request; or
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except under §B of this regulation, these regulations apply to individuals supervised by the Division of Parole and Probation on probation, parole, or mandatory supervision release.
B. These regulations do not apply to an individual who is not a supervised individual.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abatement" has the meaning stated in Correctional Services Article, §
										6-117, Annotated Code of Maryland.
(2) "Department" means the Department of Public Safety and Correctional Services.
(3) "Director" means the director of the Division of Parole and Probation.
(4) "Division " means the Division of Parole and Probation.
(5) "Earned compliance credit (ECC) " has the meaning stated in Correctional Services Article, §
										6-117, Annotated Code of Maryland.
(6) "Infraction" means an act or behavior committed by a supervised individual that is not in compliance with the supervised individual's general or special conditions of supervised release.
(7) "Intervention " means a response to an infraction that does not require a Parole and Probation Agent or Drinking Driver Monitor to report the infraction to the sentencing court or Maryland Parole Commission.
(8) "Monitor" has the meaning stated in COMAR 12.10.01.01.
(9) "Noncompliant" means a supervised individual who has received:
(a) A sanction for a technical violation; or
(b) An intervention for an infraction.
(10) "Offender Case Management System (OCMS) " means the Department's records management application and database.
(11) "Parole and Probation Agent (agent) " has the meaning stated in COMAR 12.10.01.01.
(12) "Sanction " means a response to a technical violation that does require a Parole and Probation Agent or Drinking Driver Monitor to report the technical violation to the sentencing court of Maryland Parole Commission.
(13) "Supervised individual" has the meaning stated in Correctional Services Article, §
										6-117, Annotated Code of Maryland.
(14) "Supervised release" includes the following or a combination of the following:
(a) Parole;
(b) Mandatory supervision release; and
(c) Probation.
(15) "Technical violation" has the meaning stated in Correctional Services Article, §
										6-101, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.03 - Eligibility to Accrue Earned Compliance Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility is a threshold determination which means that a supervised individual is permitted by law to receive ECC.
B. Eligibility to earn ECC is not a guarantee that a supervised individual will receive ECC.
C. Automated Eligibility Determination.
(1) The Department shall automate eligibility for ECC.
(2) Unless an individual is determined to be ineligible under §D of this regulation, ECC shall be automatically awarded.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.04 - Award of Earned Compliance Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Automated Award of ECC.
(1) If a supervised individual is compliant with all of the conditions of supervised release during a calendar month, the Division shall automatically award ECC resulting in:
(a) A reduction of the period of the supervised individual's supervised release by 20 days; and
(b) An update of the supervised individual's projected abatement eligibility date.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.05 - Denial of Earned Compliance Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agent or monitor shall disqualify a supervised individual from receiving the monthly ECC if, during that month, the supervised individual:
(1) Was noncompliant with a condition of supervision;
(2) Was arrested, summoned, or indicted on a statement of charges;
(3) Committed a violation of a criminal prohibition other than a minor traffic offense;
(4) Committed a violation of a no contact or stay-away order; or
(5) Absconded from supervision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.06 - Abatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall place a supervised individual on abatement if the supervised individual:
(1) Is not pending trial for a new criminal charge or technical violation;
(2) Has satisfied the term of active supervised release; and
(3) Reached the supervised individual's abatement eligibility date.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 13 - DIVISION OF PAROLE AND PROBATION › Chapter 12.13.03 - Earned Compliance Credits › Section 12.13.03.07 - Abatement Rescission

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agent or monitor shall inform the sentencing court, Parole Commission, or both, as applicable, if a supervised individual whose active supervision is abated violates a condition of the supervised individual's probation or release order.
B. If a court or the Parole Commission finds that a supervised individual whose active supervision is abated has violated a condition of probation, parole, or mandatory supervision release, as applicable, the court or Parole Commission may rescind the supervised individual's abatement and order the supervised individual to be returned to active supervision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.02 - Audits-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Adherence to minimum standards for adult detention centers, adult community correctional facilities, and adult correctional institutions shall be determined by auditing procedures approved by the Commission and published in a standards manual.
B. Audit teams consisting of selected and trained individuals employed in the field of criminal justice at the local and State levels shall be used in conjunction with staff of the Maryland Commission on Correctional Standards. These teams shall be led by a Commission staff member.
C. Audits of adult correctional institutions, adult detention centers, and adult community correctional facilities shall be conducted at least every 3 years and shall be announced.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.03 - Preaudit Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Audits shall be arranged to allow for the timely, complete, and accurate submission by the managing official of required documents to the Commission office.
B. The Executive Director shall distribute to the managing official at least 60 days before the scheduled on-site visit the materials necessary for audit preparation.
C. The managing official shall forward to the Commission office the materials in § B of this regulation at least 30 days before the on-site visit for consideration by the Commission staff and other authorized inspectors.
D. The Executive Director shall designate audit team composition, assign individual regulations to be evaluated by team members, and arrange for the prompt dissemination of appropriate documentation and related information to the authorized inspectors for their review.
E. The specific dates of the on-site visit shall be determined by the Executive Director in concert with the managing official and shall take into consideration the availability of authorized inspectors.