Md. Code Regs. 12.13.01.09

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

Section 12.13.01.09 - Enforcement

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.

D. Administrative Search Warrant. Pursuant to Correctional Services Article, § 6-109, Annotated Code of Maryland, the Director or Administrator may petition the District Court or a circuit court with appropriate jurisdiction for an administrative search warrant for the purpose of entering an offender's approved residence to locate an offender and electronic supervision equipment.

E. Removal of Offender from the Program.

(1) Pursuant to Correctional Services Article, § 6-108(i), Annotated Code of Maryland, the Commission may remove an offender from the program for any reason including, but not limited to:

(a) Violation of a program rule as set forth in Regulation .08 of this chapter;

(b) A medical reason, including mental health problems; and

(c) On the recommendation of program staff, that an offender is:

(i) Unable to maintain a functional home environment,

(ii) Under reasonable suspicion of child abuse or neglect,

(iii) Under reasonable suspicion of physically abusing an individual in the household, or

(iv) Under reasonable suspicion that an individual in the offender's home is creating an environment detrimental to the offender.

(2) Any violation by an offender of a condition of parole or a program requirement may, at the discretion of program staff, be reported in writing to the Commission and the Administrator shall be notified.

(3) The Commission shall make a determination to:

(a) Continue an offender's participation in the program with no change in the conditions of parole;

(b) Continue an offender's participation in the program with modification of the conditions of parole;

(c) Remove an offender from the program and continue the offender on parole; or

(d) Order that a revocation hearing be conducted.

F. Emergency Removal of Offender from the Program.

(1) Arrest of Offenders.

(a) Pursuant to Correctional Services Article, § 6-106, Annotated Code of Maryland, a designated Division employee may arrest an offender under provisions specified in Criminal Procedure Article, § 2-102, Annotated Code of Maryland.

(b) Upon arrest, the offender shall be transported to the police agency with appropriate jurisdiction and the Administrator shall be notified.

(c) When the offender is arrested for a new crime, program staff may request a retake warrant from the Director or Commission. The Administrator shall be notified of the request as soon as is practicable.

(2) Issuance of Parole Retake Warrant.

(a) If an offender presents an immediate danger to self, program staff, or anyone else, program staff shall immediately notify the Director and Administrator.

(b) Upon delegation pursuant to Correctional Services Article, § 7-206, Annotated Code of Maryland, of the authority to issue retake warrants, the Director may, dependent upon the circumstances, direct that an emergency parole retake warrant be issued and the Administrator notified. The Commission shall be notified of the issuance on the next working day.

(c) Upon issuance and execution of the parole retake warrant, the violator will be returned to the custody of the appropriate facility as directed by the warrant.

G. Nothing in this subtitle is intended to create or extend a liberty interest in home detention for parolees or mandatory supervisees.

Md. Code Regs. 12.13.01.09

Regulations .09 under new chapter, Home Detention, adopted as an emergency provision effective November 25, 1992 (19:25 Md. R. 2200); emergency status extended at 20:6 Md. R. 578; adopted permanently effective March 29, 1993 (20:6 Md. R. 581)