Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 02 - DIVISION OF CORRECTION
Chapter 12.02.26 - Home Detention Program
Section 12.02.26.04 - Enforcement
Current through Register Vol. 51, No. 19, September 20, 2024
A. Pursuant to Correctional Services Article, § 3-412, Annotated Code of Maryland, the Commissioner shall designate individuals in the following classifications with arrest powers over an inmate placed into the home detention unit:
B. An individual designated by the Commissioner with arrest powers shall comply with all of the following:
C. Administrative Search Warrant. Pursuant to Correctional Services Article, § 3-415, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may petition a District Court or circuit court for an administrative search warrant within the jurisdiction where an inmate's approved residence is located, for the purpose of gaining entry to an inmate's residence to locate and return the inmate to institutional custody.
D. Removal of an Inmate From the Program.
E. Pursuant to Correctional Services Article, § 3-409, Annotated Code of Maryland, the willful violation by an inmate of a condition of program placement is a misdemeanor and, on conviction, is punishable for up to 12 months incarceration. The warden, assistant warden, administrator, or assistant administrator may, at their discretion, approve to petition the District Court in the jurisdiction where an inmate resides, with a statement of charges to charge an inmate with a violation of this regulation. Prosecution of an inmate under this regulation may be in addition to other administrative disciplinary action taken by the Division.
F. An inmate convicted of a violation of Correctional Services Article, § 3-409, Annotated Code of Maryland, shall lose previously earned credits for good conduct in an amount determined by an adjustment hearing officer during an adjustment hearing.
G. An administrative disciplinary action taken against an inmate shall be performed in accordance with current Division policy on inmate discipline.
H. An inmate may be considered as an escapee when: