Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 16 - PRETRIAL DETENTION AND SERVICES
Chapter 12.16.01 - Home Detention
Section 12.16.01.05 - Screening and Placement
Current through Register Vol. 51, No. 19, September 20, 2024
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:
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:
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:
K. Following orientation, program staff shall: