§ 11-708. Carroll County

MD Correc Svs Code § 11-708 (2019) (N/A)
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(a)    This section applies only in Carroll County.

(b)    In this section, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.

(c)    (1)    The Sheriff may:

(i)    establish a pretrial release program that offers alternatives to pretrial detention; and

(ii)    adopt regulations to administer the program.

(2)    A court may order an individual to participate in the pretrial release program if the individual:

(i)    appears before the court after being charged and detained on bond; and

(ii)    meets the eligibility requirements of paragraph (4) of this subsection.

(3)    The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

(4)    An individual is eligible for the pretrial release program if the individual:

(i)    has no other charges pending in any jurisdiction for a crime of violence; and

(ii)    is not in detention for:

1.    a crime of violence; or

2.    the crime of escape under § 9–404 of the Criminal Law Article.

(5)    The Sheriff may:

(i)    collect from each individual participating in the pretrial release program a reasonable fee for the cost of supervision and administration of the program; or

(ii)    waive or reduce the fee.

(d)    (1)    The Sheriff’s Office may establish a work release program.

(2)    At the time of sentencing or at any time during an individual’s confinement, the court may sentence the individual to participate in the work release program if the individual:

(i)    has been sentenced to the custody of the Sheriff; and

(ii)    has no other charges pending in any jurisdiction for a crime of violence.

(3)    An inmate who has been sentenced to participate in the work release program may continue regular employment or obtain new employment.

(4)    On approval of the Sheriff or Warden, an inmate who has been sentenced to the Carroll County Detention Center may leave the Detention Center to work, seek employment, obtain medical services, or participate in educational, rehabilitative, or training programs.

(5)    An inmate who has been sentenced to the Carroll County Detention Center shall be confined to the Detention Center:

(i)    except as provided in this subsection; or

(ii)    unless a court orders otherwise.

(6)    An inmate who is employed under the work release program shall:

(i)    reimburse the Sheriff’s Office for:

1.    the estimated cost to the Sheriff’s Office of food and lodging for the inmate; and

2.    estimated expenses incurred by the Sheriff’s Office because of the participation of the inmate in the program; and

(ii)    pay to the Sheriff court–ordered payments for restitution.

(7)    An inmate who violates a condition or provision of trust that a court, the Sheriff, or Sheriff’s designee establishes is subject to:

(i)    removal from the work release program; and

(ii)    cancellation of any earned diminution of the inmate’s term of confinement.

(e)    (1)    The Sheriff shall:

(i)    establish and administer a home detention program; and

(ii)    adopt regulations for the home detention program.

(2)    At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require an individual who is convicted of a crime and sentenced to imprisonment under the custody of the Sheriff to participate in the home detention program.

(3)    Subject to paragraph (4) of this subsection, an inmate is eligible for the home detention program if:

(i)    the sentencing judge recommends the inmate for sentencing to the home detention program; and

(ii)    the inmate has no other charges pending in any jurisdiction.

(4)    An inmate is not eligible for the home detention program if the inmate:

(i)    is serving a sentence for a crime of violence; or

(ii)    has been found guilty of the crime of:

1.    child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2.    escape under § 9–404 of the Criminal Law Article.

(5)    While participating in the home detention program, an inmate is responsible for:

(i)    medical care and related expenses; and

(ii)    costs of clothes, food, lodging, restitution, taxes, and transportation.

(6)    The Sheriff may:

(i)    collect from each inmate participating in the home detention program a reasonable fee for the cost of electronic supervision and administration of the program; or

(ii)    waive or reduce the fee.

(7)    The Sheriff may limit the number of inmates in the home detention program.