§ 11-714

Maryland § 11-714

• Jurisdiction: Maryland
• Article gcs: Correctional Services
• Title: 11

Text

(a) This section applies only in Harford County.

(b) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in one of the activities specified in paragraph (2) of this subsection during the individual’s confinement.

(2) An incarcerated individual who is allowed to do so under paragraph (1) of this subsection may:

(i) continue regular employment;

(ii) obtain new employment;

(iii) participate in a training or rehabilitation program; or

(iv) attend an educational institution in the county.

(3) (i) The sentencing judge may require that the incarcerated individual comply with the terms and conditions that the judge considers appropriate.

(ii) The incarcerated individual’s participation in an authorized activity may not affect the length of the incarcerated individual’s sentence.

(c) (1) The county government shall cooperate in and provide fiscal support for a work release program as provided under subsection (b) of this section.

(2) Subject to subsection (b) of this section, an incarcerated individual of a local correctional facility who participates in the work release program may leave actual confinement:

(i) at necessary and reasonable times, to work at gainful, private employment; or

(ii) under appropriate conditions, to seek gainful, private employment.

(3) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the local correctional facility when not participating in the work release program.

(4) An incarcerated individual who participates in the work release program shall surrender to the Sheriff:

(i) a reasonable fee, as determined by the Sheriff, for the cost of providing food, lodging, and clothing for the incarcerated individual;

(ii) the actual cost of necessary food, travel, and other expenses incidental to the participation by the incarcerated individual in the program; and

(iii) court–ordered payments for restitution.

(5) If an incarcerated individual in the work release program violates a trust or a condition that the court establishes for conduct or employment, the incarcerated individual is subject to:

(i) removal from the program; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(d) (1) The Sheriff shall:

(i) establish and administer a home detention program; and

(ii) adopt regulations for the program.

(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in the home detention program.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:

(i) the sentencing judge recommends that the incarcerated individual participate in the program; and

(ii) the incarcerated individual has no other charges pending in any jurisdiction.

(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

(i) is serving a sentence for a crime of violence; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.