Md. Code Regs. 12.02.12.03

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.02.12.03 - Eligibility Criteria

A. The Commissioner or designee may specify certain treatment and educational programs that an inmate is required to complete before becoming eligible for work release. These programmatic requirements shall ensure that an inmate's needs are addressed before an inmate begins work release.

B. Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence.

C. Inmates serving life sentences other than life without parole may be considered for work release if the:

(1) Inmates are eligible for parole consideration under Correctional Services Article, § 7-301, Annotated Code of Maryland. This section requires the inmate to serve 15 years less credits earned under Criminal Procedure Article, § 6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

(2) Death penalty was sought by the State in the inmate's prosecution but not imposed. The inmate shall serve 25 years less credits earned under Criminal Procedure Article, § 6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland, before the inmate may be considered for work release.

(3) Inmate had a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release.

(4) Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release.

(5) Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation.

D. Exception. If incarcerated solely for contempt of court as a result of failure to pay court-ordered support payments, an inmate shall meet the following criteria to be eligible for work release:

(1) Be not more than 12 months from an estimated release;

(2) Achieve the prerelease security level in accordance with the provisions of Division Regulation 100-1; and

(3) Demonstrate positive adjustment for a minimum of 30 days at the prerelease security level.

E. An inmate incarcerated solely for contempt of court as a result of failure to pay court-ordered support for dependents shall be eligible for work release when the inmate meets the following requirements:

(1) Achieves the prerelease security level in accordance with the requirements of Division Regulation 100-1; and

(2) Demonstrates positive adjustment for a minimum of 30 days.

F. An inmate who is initially classified to prerelease security, who meets the eligibility requirements for home detention, and is approved by the Commissioner shall be considered eligible for work release status effective on the date of the Commissioner's approval for home detention placement.

Md. Code Regs. 12.02.12.03

Regulations .03 and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)