WES MOORE, Governor Ch. 938
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Chapter 938
(House Bill 1329)
AN ACT concerning
Division of Parole and Probation – Private Home Detention Monitoring –
Earned Compliance Credits
FOR the purpose of authorizing individuals under supervision by a private home detention
monitoring agency to receive earned compliance credits; requiring a private home
detention monitoring agency to provide a certain report to the Division of Parole and
Probation under certain circumstances; and generally relating to earned compliance
credits and private home detention monitoring.
BY repealing and reenacting, with amendments,
Article – Correctional Services
Section 6–117
Annotated Code of Maryland
(2017 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Business Occupations and Professions
Section 20–401
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
6–117.
(a) (1) In this section the following words have the meanings indicated.
(2) “Abatement” means an end to active supervision OR HOME
DETENTION of a supervised individual, without effect on the legal expiration date of the
case or the supervised individual’s obligation to:
(i) obey all laws; and
(ii) obtain written permission from the Division of Parole and
Probation before relocating the supervised individual’s residence outside the State.
Ch. 938 2024 LAWS OF MARYLAND
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(3) “Earned compliance credit” means a 20–day reduction from the period
of active supervision OR HOME DETENTION of the supervised individual for every month
that a supervised individual:
(i) exhibits compliance with the conditions and goals of the
supervised individual’s probation, parole, or mandatory release supervision, as determined
by the Department;
(ii) has no new arrests;
(iii) has not violated any conditions of no contact imposed on the
supervised individual;
(iv) is current on court ordered payments for restitution, fines, and
fees relating to the offense for which earned compliance credits are being accrued; [and]
(v) is current in completing any community supervision
requirements included in the conditions of the supervised individual’s probation, parole, or
mandatory release supervision; AND
(VI) IF APPLICABLE , HAS BEEN COMPLIANT WITH ANY
SUPERVISION REQUIREM ENTS OF A PRIVATE HO ME DETENTION MONITOR ING
AGENCY.
(4) “HOME DETENTION ” MEANS MONITORING BY A PRIV ATE HOME
DETENTION MONITORING AGENCY LICENSED UNDE R TITLE 20, SUBTITLE 1 OF THE
BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE.
(5) (i) “Supervised individual” means an individual placed on probation
by a court or serving a period of parole or mandatory release supervision after release from
a correctional facility.
(II) “SUPERVISED INDIVIDUAL ” INCLUDES AN INDIVIDU AL
BEING MONITORED BY A PRIVATE HOME DETENTI ON MONITORING AGENCY AS A
CONDITION OF PROBATI ON.
[(ii)] (III) “Supervised individual” does not include:
1. a person incarcerated, on probation, or convicted in this
State for a crime of violence;
2. a person incarcerated, on probation, or convicted in this
State for a crime under Title 3, Subtitle 3 of the Criminal Law Article;
WES MOORE, Governor Ch. 938
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3. a person incarcerated, on probation, or convicted in this
State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal
Law Article;
4. a person registered or eligible for registration under Title
11, Subtitle 7 of the Criminal Procedure Article;
5. a person who was convicted in any other jurisdiction of a
crime and the person’s supervision was transferred to this State; or
6. a person who was convicted in this State of a crime and
the person’s supervision was transferred to another state.
(b) The Department shall:
(1) establish a program to implement earned compliance credits; and
(2) adopt policies and procedures to implement the program.
(c) (1) Notwithstanding any other law, the Maryland Parole Commission or
the court shall adjust the period of a supervised individual’s supervision OR HOME
DETENTION on the recommendation of the Division of Parole and Probation for earned
compliance credits accrued under a program created under this section.
(2) Once a combination of time served on probation, parole, or mandatory
supervision, and earned compliance credits satisfy the supervised individual’s active term
of supervision OR HOME DETENTION , the Division shall place the individual on
abatement.
(d) The Division shall:
(1) provide regular notification to a supervised individual of the tentative
abatement transfer date; and
(2) develop policies for notifying a supervised individual of change to the
abatement transfer date.
(e) At least 90 days before the date of transfer to abatement, the Division shall
notify the Commission or the court of the impending transfer.
(f) A supervised individual whose period of active supervision OR HOME
DETENTION has been completely reduced as a result of earned compliance credits shall
remain on abatement until the expiration of the supervised individual’s sentence, unless:
(1) the supervised individual consents to continued active supervision OR
HOME DETENTION ; or Ch. 938 2024 LAWS OF MARYLAND
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(2) the supervised individual violates a condition of probation, parole, or
mandatory release supervision including failure to pay a required payment of restitution.
(g) A supervised individual who is placed on abatement under this section may
not be required to:
(1) regularly report to a parole or probation agent; or
(2) pay a supervision fee.
(h) If a supervised individual violates a condition of probation while on
abatement, a court may order the supervised individual to be returned to active supervision
OR HOME DETENTION .
(i) (1) Twenty–five percent of the savings realized by the Department as a
result of the application of earned compliance credits shall revert to the Department.
(2) After the savings revert to the Department in accordance with
paragraph (1) of this subsection, any remaining savings shall revert to the Performance
Incentive Grant Fund established under § 9–3209 of the State Government Article.
(j) This section may not be construed to limit the authority of a court or the Parole
Commission to extend probation, parole, or mandatory release supervision under § 6–222
of the Criminal Procedure Article.
(k) The Department shall develop an automated application for the tracking and
awarding of earned compliance credits by the Division.
Article – Business Occupations and Professions
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.
(b) (1) Upon determining that a defendant subject to private home detention
monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has been
missing for 24 hours, the private home detention monitoring agency responsible for WES MOORE, Governor Ch. 938
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monitoring the defendant shall, on the next business day, notify the court that ordered
private home detention monitoring as a condition of the defendant’s pretrial release.
(2) If the court that ordered private detention monitoring as a condition of
a defendant’s pretrial release under the provisions of § 5–201(b) of the Criminal Procedure
Article requests that it be notified if the defendant violates any other conditions of pretrial
release, the private home detention monitoring agency responsible for monitoring the
defendant shall provide the court with the requested notice.
(c) Upon determining that an individual who is subject to private home detention
monitoring as a condition of probation has been missing for 24 hours, the private home
detention monitoring agency responsible for monitoring the individual shall, on the next
business day, notify the Division of Parole and Probation.
(D) ON REQUEST BY THE DIVISION OF PAROLE AND PROBATION, THE
PRIVATE HOME DETENTI ON MONITORING AGENCY RESPONSIBLE FOR MONI TORING
AN INDIVIDUAL WHO IS SUBJECT TO MONITORING AS A COND ITION OF PROBATION
SHALL FORWARD A REPO RT OF THE INDIVIDUAL ’S COMPLIANCE DURING THE
MONITORING PERIOD .
(E) A REPORT UNDER SUBSECT ION (D) OF THIS SECTION , AT A MINIMUM ,
SHALL INCLUDE :
(1) THE CONDITIONS OF MONITO RING SET BY THE SENT ENCING
COURT;
(2) ALL INFRACTIONS THAT THE INDIVIDUAL HAS C OMMITTED
DURING THE MONITORIN G 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 INFORMATIO N IN THE POSSESSION OF THE PR IVATE
HOME DETENTION MONIT ORING AGENCY CONCERN ING THE INDIVIDUAL T HAT THE
DIVISION OF PAROLE AND PROBATION DETERMINES IS RELEVANT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.