§ 20-401
751 words·~3 min read·
/md/business-occupations-and-professions/20-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§20–401.
(a)A private home detention monitoring agency shall:
(1)monitor individuals in accordance with any applicable orders of court;
(2)monitor 24 hours a day and 7 days a week individuals who are under a court order that requires monitoring by a private home detention monitoring agency; and
(3)utilize electronic equipment or other monitoring methods that meet or exceed standards established in regulations by the Secretary.
(1)Except as provided in paragraphs
(2)and
(3)of this subsection, on determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has violated a condition of home detention monitoring, the private home detention monitoring agency responsible for monitoring the defendant shall notify within 24 hours:
(i)the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and
(ii)the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.
(2)On determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has tampered with home detention monitoring equipment or failed to maintain home detention monitoring equipment as required by a court order, the private home detention monitoring agency responsible for monitoring the defendant shall notify within 1 hour:
(i)the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and
(ii)the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.
(3)On determining that a defendant subject to private home detention monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has entered an area that the defendant is expressly prohibited from entering as a condition of pretrial release, the private home detention monitoring agency responsible for monitoring the defendant shall notify immediately:
(i)the court that ordered private home detention monitoring as a condition of the defendant’s pretrial release; and
(ii)the designated law enforcement agency, as determined by the court, in Baltimore City or the county where the court is located.
(1)Except as provided in paragraphs
(2)and
(3)of this subsection, on determining that an individual who is subject to private home detention monitoring as a condition of probation has violated a condition of home detention monitoring, the private home detention monitoring agency responsible for monitoring the individual shall notify within 24 hours the Division of Parole and Probation.
(2)On determining that an individual who is subject to private home detention monitoring as a condition of probation has tampered with home detention monitoring equipment, or failed to maintain home detention monitoring equipment as required by a court order, the private home detention monitoring agency responsible for monitoring the individual shall notify within 1 hour the Division of Parole and Probation.
(3)On determining that an individual who is subject to private home detention monitoring as a condition of probation has entered an area that the individual is expressly prohibited from entering as a condition of pretrial release, the private home detention monitoring agency responsible for monitoring the individual shall notify immediately the Division of Parole and Probation.
(1)A private home detention monitoring agency may not knowingly fail to give notice as required by this section.
(2)The Secretary may impose a civil penalty on a private home detention monitoring agency for a violation of this subsection that does not exceed:
(i)$1,000 for the first day for which the private home detention monitoring agency fails to give notice; and
(ii)$250 for each subsequent day the private home detention monitoring agency fails to give notice.
(e)On request by the Division of Parole and Probation, the private home detention monitoring agency responsible for monitoring an individual who is subject to monitoring as a condition of probation shall forward a report of the individual’s compliance during the monitoring period.
(f)A report under subsection
(e)of this section, at a minimum, shall include:
(1)the conditions of monitoring set by the sentencing court;
(2)all infractions that the individual has committed during the monitoring period, even if the infraction did not result in a reported violation to the Division of Parole and Probation or the sentencing court; and
(3)any other information in the possession of the private home detention monitoring agency concerning the individual that the Division of Parole and Probation determines is relevant.