MD
Maryland House Bill HB1329

Maryland 2024 Regular Session

Maryland House Bill HB1329 Compare Versions

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1- WES MOORE, Governor Ch. 938
21
3-– 1 –
4-Chapter 938
5-(House Bill 1329)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1329*
89
9-Division of Parole and Probation – Private Home Detention Monitoring –
10-Earned Compliance Credits
10+HOUSE BILL 1329
11+E5 4lr2210
1112
12-FOR the purpose of authorizing individuals under supervision by a private home detention
13-monitoring agency to receive earned compliance credits; requiring a private home
14-detention monitoring agency to provide a certain report to the Division of Parole and
15-Probation under certain circumstances; and generally relating to earned compliance
16-credits and private home detention monitoring.
13+By: Delegate Attar
14+Introduced and read first time: February 9, 2024
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 5, 2024
1719
18-BY repealing and reenacting, with amendments,
19- Article – Correctional Services
20-Section 6–117
21- Annotated Code of Maryland
22- (2017 Replacement Volume and 2023 Supplement)
20+CHAPTER ______
2321
24-BY repealing and reenacting, with amendments,
25- Article – Business Occupations and Professions
26-Section 20–401
27- Annotated Code of Maryland
28- (2018 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2923
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
24+Division of Parole and Probation – Private Home Detention Monitoring – 2
25+Earned Compliance Credits 3
3226
33-Article – Correctional Services
27+FOR the purpose of authorizing individuals under supervision by a private home detention 4
28+monitoring agency to receive earned compliance credits; requiring a private home 5
29+detention monitoring agency to provide a certain report to the Division of Parole and 6
30+Probation under certain circumstances; and generally relating to earned compliance 7
31+credits and private home detention monitoring. 8
3432
35-6–117.
33+BY repealing and reenacting, with amendments, 9
34+ Article – Correctional Services 10
35+Section 6–117 11
36+ Annotated Code of Maryland 12
37+ (2017 Replacement Volume and 2023 Supplement) 13
3638
37- (a) (1) In this section the following words have the meanings indicated.
39+BY repealing and reenacting, with amendments, 14
40+ Article – Business Occupations and Professions 15
41+Section 20–401 16
42+ Annotated Code of Maryland 17
43+ (2018 Replacement Volume and 2023 Supplement) 18
3844
39- (2) “Abatement” means an end to active supervision OR HOME
40-DETENTION of a supervised individual, without effect on the legal expiration date of the
41-case or the supervised individual’s obligation to:
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46+That the Laws of Maryland read as follows: 20
4247
43- (i) obey all laws; and
48+Article – Correctional Services 21 2 HOUSE BILL 1329
4449
45- (ii) obtain written permission from the Division of Parole and
46-Probation before relocating the supervised individual’s residence outside the State.
47- Ch. 938 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- (3) “Earned compliance credit” means a 20–day reduction from the period
51-of active supervision OR HOME DETENTION of the supervised individual for every month
52-that a supervised individual:
5351
54- (i) exhibits compliance with the conditions and goals of the
55-supervised individual’s probation, parole, or mandatory release supervision, as determined
56-by the Department;
52+6–117. 1
5753
58- (ii) has no new arrests;
54+ (a) (1) In this section the following words have the meanings indicated. 2
5955
60- (iii) has not violated any conditions of no contact imposed on the
61-supervised individual;
56+ (2) “Abatement” means an end to active supervision OR HOME 3
57+DETENTION of a supervised individual, without effect on the legal expiration date of the 4
58+case or the supervised individual’s obligation to: 5
6259
63- (iv) is current on court ordered payments for restitution, fines, and
64-fees relating to the offense for which earned compliance credits are being accrued; [and]
60+ (i) obey all laws; and 6
6561
66- (v) is current in completing any community supervision
67-requirements included in the conditions of the supervised individual’s probation, parole, or
68-mandatory release supervision; AND
62+ (ii) obtain written permission from the Division of Parole and 7
63+Probation before relocating the supervised individual’s residence outside the State. 8
6964
70- (VI) IF APPLICABLE , HAS BEEN COMPLIANT WITH ANY
71-SUPERVISION REQUIREM ENTS OF A PRIVATE HO ME DETENTION MONITOR ING
72-AGENCY.
65+ (3) “Earned compliance credit” means a 20–day reduction from the period 9
66+of active supervision OR HOME DETENTION of the supervised individual for every month 10
67+that a supervised individual: 11
7368
74- (4) “HOME DETENTION ” MEANS MONITORING BY A PRIV ATE HOME
75-DETENTION MONITORING AGENCY LICENSED UNDE R TITLE 20, SUBTITLE 1 OF THE
76-BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE.
69+ (i) exhibits compliance with the conditions and goals of the 12
70+supervised individual’s probation, parole, or mandatory release supervision, as determined 13
71+by the Department; 14
7772
78- (5) (i) “Supervised individual” means an individual placed on probation
79-by a court or serving a period of parole or mandatory release supervision after release from
80-a correctional facility.
73+ (ii) has no new arrests; 15
8174
82- (II) “SUPERVISED INDIVIDUAL ” INCLUDES AN INDIVIDU AL
83-BEING MONITORED BY A PRIVATE HOME DETENTI ON MONITORING AGENCY AS A
84-CONDITION OF PROBATI ON.
75+ (iii) has not violated any conditions of no contact imposed on the 16
76+supervised individual; 17
8577
86- [(ii)] (III) “Supervised individual” does not include:
78+ (iv) is current on court ordered payments for restitution, fines, and 18
79+fees relating to the offense for which earned compliance credits are being accrued; [and] 19
8780
88- 1. a person incarcerated, on probation, or convicted in this
89-State for a crime of violence;
81+ (v) is current in completing any community supervision 20
82+requirements included in the conditions of the supervised individual’s probation, parole, or 21
83+mandatory release supervision; AND 22
9084
91- 2. a person incarcerated, on probation, or convicted in this
92-State for a crime under Title 3, Subtitle 3 of the Criminal Law Article;
93- WES MOORE, Governor Ch. 938
85+ (VI) IF APPLICABLE , HAS BEEN COMPLIANT WITH ANY 23
86+SUPERVISION REQUIREM ENTS OF A PRIVATE HO ME DETENTION MONITOR ING 24
87+AGENCY. 25
9488
95-– 3 –
96- 3. a person incarcerated, on probation, or convicted in this
97-State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal
98-Law Article;
89+ (4) “HOME DETENTION ” MEANS MONITORING BY A PRIV ATE HOME 26
90+DETENTION MONITORING AGENCY LICENSED UNDE R TITLE 20, SUBTITLE 1 OF THE 27
91+BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 28
9992
100- 4. a person registered or eligible for registration under Title
101-11, Subtitle 7 of the Criminal Procedure Article;
93+ (5) (i) “Supervised individual” means an individual placed on probation 29
94+by a court or serving a period of parole or mandatory release supervision after release from 30
95+a correctional facility. 31
96+ HOUSE BILL 1329 3
10297
103- 5. a person who was convicted in any other jurisdiction of a
104-crime and the person’s supervision was transferred to this State; or
10598
106- 6. a person who was convicted in this State of a crime and
107-the person’s supervision was transferred to another state.
99+ (II) “SUPERVISED INDIVIDUAL ” INCLUDES AN INDIVIDU AL 1
100+BEING MONITORED BY A PRIVATE HOME DETENTI ON MONITORING AGENCY AS A 2
101+CONDITION OF PROBATI ON. 3
108102
109- (b) The Department shall:
103+ [(ii)] (III) “Supervised individual” does not include: 4
110104
111- (1) establish a program to implement earned compliance credits; and
105+ 1. a person incarcerated, on probation, or convicted in this 5
106+State for a crime of violence; 6
112107
113- (2) adopt policies and procedures to implement the program.
108+ 2. a person incarcerated, on probation, or convicted in this 7
109+State for a crime under Title 3, Subtitle 3 of the Criminal Law Article; 8
114110
115- (c) (1) Notwithstanding any other law, the Maryland Parole Commission or
116-the court shall adjust the period of a supervised individual’s supervision OR HOME
117-DETENTION on the recommendation of the Division of Parole and Probation for earned
118-compliance credits accrued under a program created under this section.
111+ 3. a person incarcerated, on probation, or convicted in this 9
112+State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal 10
113+Law Article; 11
119114
120- (2) Once a combination of time served on probation, parole, or mandatory
121-supervision, and earned compliance credits satisfy the supervised individual’s active term
122-of supervision OR HOME DETENTION , the Division shall place the individual on
123-abatement.
115+ 4. a person registered or eligible for registration under Title 12
116+11, Subtitle 7 of the Criminal Procedure Article; 13
124117
125- (d) The Division shall:
118+ 5. a person who was convicted in any other jurisdiction of a 14
119+crime and the person’s supervision was transferred to this State; or 15
126120
127- (1) provide regular notification to a supervised individual of the tentative
128-abatement transfer date; and
121+ 6. a person who was convicted in this State of a crime and 16
122+the person’s supervision was transferred to another state. 17
129123
130- (2) develop policies for notifying a supervised individual of change to the
131-abatement transfer date.
124+ (b) The Department shall: 18
132125
133- (e) At least 90 days before the date of transfer to abatement, the Division shall
134-notify the Commission or the court of the impending transfer.
126+ (1) establish a program to implement earned compliance credits; and 19
135127
136- (f) A supervised individual whose period of active supervision OR HOME
137-DETENTION has been completely reduced as a result of earned compliance credits shall
138-remain on abatement until the expiration of the supervised individual’s sentence, unless:
128+ (2) adopt policies and procedures to implement the program. 20
139129
140- (1) the supervised individual consents to continued active supervision OR
141-HOME DETENTION ; or Ch. 938 2024 LAWS OF MARYLAND
130+ (c) (1) Notwithstanding any other law, the Maryland Parole Commission or 21
131+the court shall adjust the period of a supervised individual’s supervision OR HOME 22
132+DETENTION on the recommendation of the Division of Parole and Probation for earned 23
133+compliance credits accrued under a program created under this section. 24
142134
143-– 4 –
135+ (2) Once a combination of time served on probation, parole, or mandatory 25
136+supervision, and earned compliance credits satisfy the supervised individual’s active term 26
137+of supervision OR HOME DETENTION , the Division shall place the individual on 27
138+abatement. 28
144139
145- (2) the supervised individual violates a condition of probation, parole, or
146-mandatory release supervision including failure to pay a required payment of restitution.
140+ (d) The Division shall: 29
147141
148- (g) A supervised individual who is placed on abatement under this section may
149-not be required to:
142+ (1) provide regular notification to a supervised individual of the tentative 30
143+abatement transfer date; and 31
144+ 4 HOUSE BILL 1329
150145
151- (1) regularly report to a parole or probation agent; or
152146
153- (2) pay a supervision fee.
147+ (2) develop policies for notifying a supervised individual of change to the 1
148+abatement transfer date. 2
154149
155- (h) If a supervised individual violates a condition of probation while on
156-abatement, a court may order the supervised individual to be returned to active supervision
157-OR HOME DETENTION .
150+ (e) At least 90 days before the date of transfer to abatement, the Division shall 3
151+notify the Commission or the court of the impending transfer. 4
158152
159- (i) (1) Twenty–five percent of the savings realized by the Department as a
160-result of the application of earned compliance credits shall revert to the Department.
153+ (f) A supervised individual whose period of active supervision OR HOME 5
154+DETENTION has been completely reduced as a result of earned compliance credits shall 6
155+remain on abatement until the expiration of the supervised individual’s sentence, unless: 7
161156
162- (2) After the savings revert to the Department in accordance with
163-paragraph (1) of this subsection, any remaining savings shall revert to the Performance
164-Incentive Grant Fund established under § 9–3209 of the State Government Article.
157+ (1) the supervised individual consents to continued active supervision OR 8
158+HOME DETENTION ; or 9
165159
166- (j) This section may not be construed to limit the authority of a court or the Parole
167-Commission to extend probation, parole, or mandatory release supervision under § 6–222
168-of the Criminal Procedure Article.
160+ (2) the supervised individual violates a condition of probation, parole, or 10
161+mandatory release supervision including failure to pay a required payment of restitution. 11
169162
170- (k) The Department shall develop an automated application for the tracking and
171-awarding of earned compliance credits by the Division.
163+ (g) A supervised individual who is placed on abatement under this section may 12
164+not be required to: 13
172165
173-Article – Business Occupations and Professions
166+ (1) regularly report to a parole or probation agent; or 14
174167
175-20–401.
168+ (2) pay a supervision fee. 15
176169
177- (a) A private home detention monitoring agency shall:
170+ (h) If a supervised individual violates a condition of probation while on 16
171+abatement, a court may order the supervised individual to be returned to active supervision 17
172+OR HOME DETENTION . 18
178173
179- (1) monitor individuals in accordance with any applicable orders of court;
174+ (i) (1) Twenty–five percent of the savings realized by the Department as a 19
175+result of the application of earned compliance credits shall revert to the Department. 20
180176
181- (2) monitor 24 hours a day and 7 days a week individuals who are under a
182-court order that requires monitoring by a private home detention monitoring agency; and
177+ (2) After the savings revert to the Department in accordance with 21
178+paragraph (1) of this subsection, any remaining savings shall revert to the Performance 22
179+Incentive Grant Fund established under § 9–3209 of the State Government Article. 23
183180
184- (3) utilize electronic equipment or other monitoring methods that meet or
185-exceed standards established in regulations by the Secretary.
181+ (j) This section may not be construed to limit the authority of a court or the Parole 24
182+Commission to extend probation, parole, or mandatory release supervision under § 6–222 25
183+of the Criminal Procedure Article. 26
186184
187- (b) (1) Upon determining that a defendant subject to private home detention
188-monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has been
189-missing for 24 hours, the private home detention monitoring agency responsible for WES MOORE, Governor Ch. 938
185+ (k) The Department shall develop an automated application for the tracking and 27
186+awarding of earned compliance credits by the Division. 28
190187
191-– 5 –
192-monitoring the defendant shall, on the next business day, notify the court that ordered
193-private home detention monitoring as a condition of the defendant’s pretrial release.
188+Article – Business Occupations and Professions 29
194189
195- (2) If the court that ordered private detention monitoring as a condition of
196-a defendant’s pretrial release under the provisions of § 5–201(b) of the Criminal Procedure
197-Article requests that it be notified if the defendant violates any other conditions of pretrial
198-release, the private home detention monitoring agency responsible for monitoring the
199-defendant shall provide the court with the requested notice.
190+20–401. 30
200191
201- (c) Upon determining that an individual who is subject to private home detention
202-monitoring as a condition of probation has been missing for 24 hours, the private home
203-detention monitoring agency responsible for monitoring the individual shall, on the next
204-business day, notify the Division of Parole and Probation.
192+ (a) A private home detention monitoring agency shall: 31
193+ HOUSE BILL 1329 5
205194
206- (D) ON REQUEST BY THE DIVISION OF PAROLE AND PROBATION, THE
207-PRIVATE HOME DETENTI ON MONITORING AGENCY RESPONSIBLE FOR MONI TORING
208-AN INDIVIDUAL WHO IS SUBJECT TO MONITORING AS A COND ITION OF PROBATION
209-SHALL FORWARD A REPO RT OF THE INDIVIDUAL ’S COMPLIANCE DURING THE
210-MONITORING PERIOD .
211195
212- (E) A REPORT UNDER SUBSECT ION (D) OF THIS SECTION , AT A MINIMUM ,
213-SHALL INCLUDE :
196+ (1) monitor individuals in accordance with any applicable orders of court; 1
214197
215- (1) THE CONDITIONS OF MONITO RING SET BY THE SENT ENCING
216-COURT;
198+ (2) monitor 24 hours a day and 7 days a week individuals who are under a 2
199+court order that requires monitoring by a private home detention monitoring agency; and 3
217200
218- (2) ALL INFRACTIONS THAT THE INDIVIDUAL HAS C OMMITTED
219-DURING THE MONITORIN G PERIOD, EVEN IF THE INFRACTION DID NOT RESULT IN A
220-REPORTED VIOLATION TO THE DIVISION OF PAROLE AND PROBATION OR THE
221-SENTENCING COURT; AND
201+ (3) utilize electronic equipment or other monitoring methods that meet or 4
202+exceed standards established in regulations by the Secretary. 5
222203
223- (3) ANY OTHER INFORMATIO N IN THE POSSESSION OF THE PR IVATE
224-HOME DETENTION MONIT ORING AGENCY CONCERN ING THE INDIVIDUAL T HAT THE
225-DIVISION OF PAROLE AND PROBATION DETERMINES IS RELEVANT.
204+ (b) (1) Upon determining that a defendant subject to private home detention 6
205+monitoring under the provisions of § 5–201(b) of the Criminal Procedure Article has been 7
206+missing for 24 hours, the private home detention monitoring agency responsible for 8
207+monitoring the defendant shall, on the next business day, notify the court that ordered 9
208+private home detention monitoring as a condition of the defendant’s pretrial release. 10
226209
227- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
228-October 1, 2024.
210+ (2) If the court that ordered private detention monitoring as a condition of 11
211+a defendant’s pretrial release under the provisions of § 5–201(b) of the Criminal Procedure 12
212+Article requests that it be notified if the defendant violates any other conditions of pretrial 13
213+release, the private home detention monitoring agency responsible for monitoring the 14
214+defendant shall provide the court with the requested notice. 15
229215
230-Approved by the Governor, May 16, 2024.
216+ (c) Upon determining that an individual who is subject to private home detention 16
217+monitoring as a condition of probation has been missing for 24 hours, the private home 17
218+detention monitoring agency responsible for monitoring the individual shall, on the next 18
219+business day, notify the Division of Parole and Probation. 19
220+
221+ (D) ON REQUEST BY THE DIVISION OF PAROLE AND PROBATION, THE 20
222+PRIVATE HOME DETENTI ON MONITORING AGENCY RESPONSIBLE FOR MONI TORING 21
223+AN INDIVIDUAL WHO IS SUBJECT TO MONITORING AS A CONDITION OF PR OBATION 22
224+SHALL FORWARD A REPO RT OF THE INDIVIDUAL ’S COMPLIANCE DURING THE 23
225+MONITORING PERIOD . 24
226+
227+ (E) A REPORT UNDER SUBSECT ION (D) OF THIS SECTION , AT A MINIMUM , 25
228+SHALL INCLUDE : 26
229+
230+ (1) THE CONDITIONS OF MO NITORING SET BY THE SENTENCING 27
231+COURT; 28
232+
233+ (2) ALL INFRACTIONS THAT THE INDIVIDUAL HAS C OMMITTED 29
234+DURING THE MONITORIN G PERIOD, EVEN IF THE INFRACTION DID NOT RESULT IN A 30
235+REPORTED VIOLATION TO THE DIVISION OF PAROLE AND PROBATION OR THE 31
236+SENTENCING COURT ; AND 32
237+
238+ (3) ANY OTHER INFORMATIO N IN THE POSSESSION OF THE PR IVATE 33
239+HOME DETENTION MONIT ORING AGENCY CONCERN ING THE INDIVIDUAL T HAT THE 34
240+DIVISION OF PAROLE AND PROBATION DETERMINES IS RELEVANT. 35 6 HOUSE BILL 1329
241+
242+
243+
244+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
245+October 1, 2024. 2
246+
247+
248+
249+Approved:
250+________________________________________________________________________________
251+ Governor.
252+________________________________________________________________________________
253+ Speaker of the House of Delegates.
254+________________________________________________________________________________
255+ President of the Senate.