Md. Code Regs. 12.16.01.05

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

Section 12.16.01.05 - Screening and Placement

A. Pretrial services staff shall screen a defendant detained following a bail review hearing. If the defendant is not released by the reviewing judge and the inmate is eligible under Regulation .04A of this chapter, the inmate shall be recommended for home detention placement.

B. Pretrial services staff shall screen eligible detainees for home detention placement within 3 business days of the inmate's bail review hearing. An eligible inmate shall be recommended for home detention placement.

C. If pretrial services staff recommends a defendant for home detention placement the defendant's file shall be transferred to the Central Home Detention Unit within 1 business day of the recommendation. The defendant's file shall contain:

(1) The statement of charges or committing documents;

(2) A complete criminal history with all dispositions; and

(3) Inmate background information which shall consist of:

(a) Residence;

(b) Employment history;

(c) Military history;

(d) Health conditions;

(e) Substance abuse history;

(f) Probation or parole status;

(g) Current detainers;

(h) Current open warrants; and

(i) Pending trials.

D. The Central Home Detention Unit shall process and make the appropriate decision concerning placement in the home detention program within 5 business days of the receipt of the defendant's file from pretrial services staff.

E. The Commissioner or designee has final authority to approve the inmate for home detention placement.

F. On review and approval by the Commissioner or the Commissioner's designee, the defendant shall be transferred to the Central Home Detention Unit within 2 business days of the approval.

G. If a defendant is disapproved for program placement by the Commissioner, the screening process shall terminate.

H. If a defendant is disapproved for program participation:

(1) The rationale shall be recorded in the defendant's file;

(2) The Central Home Detention Unit shall return the defendant's file to pretrial services staff within 2 business days of the denial; and

(3) The defendant shall be notified by pretrial services staff within 5 business days of receipt of the defendant's file.

I. The Executive Director shall ensure that a program inmate participates in program orientation established under COMAR 12.02.26.07A.

J. The inmate shall sign an acknowledgement that the inmate has received:

(1) An explanation of the program rules; and

(2) Program equipment.

K. Following orientation, program staff shall:

(1) Transport the inmate to the inmate's residence; and

(2) Install the electronic supervision equipment.

Md. Code Regs. 12.16.01.05

Regulations .05 adopted as an emergency provision effective September 3, 1991 (18:19 Md. R. 2095); emergency status extended at 18:26 Md. R. 2828; adopted permanently effective March 30, 1992 (19:6 Md. R. 675)