Maryland 2025 Regular Session

Maryland House Bill HB1358 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1358
6	6
7	7	HOUSE BILL 1358
8	8	E2, E5 5lr3068
9	9
10	10	By: Delegates Reilly, Griffith, Hartman, Mangione, T. Morgan, and Pippy
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Procedure – Home Detention – Time Served Credits 2
19	19
20	20	FOR the purpose of prohibiting the Division of Correction from applying credit for any 3
21	21	portion of the time served in a certain home detention program toward any sentence 4
22	22	of a certain incarcerated individual; requiring that a court consider the nature and 5
23	23	circumstances of any pending cases of a defendant in determining the appropriate 6
24	24	conditions of pretrial release; providing that certain provisions relating to the 7
25	25	application of credit toward a certain sentence do not apply to a certain defendant; 8
26	26	and generally relating to home detention and time served credits. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Correctional Services 11
30	30	Section 3–401 12
31	31	Annotated Code of Maryland 13
32	32	(2017 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Correctional Services 16
36	36	Section 3–409(a) 17
37	37	Annotated Code of Maryland 18
38	38	(2017 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – Criminal Procedure 21
42	42	Section 5–213 and 6–218 22
43	43	Annotated Code of Maryland 23
44	44	(2018 Replacement Volume and 2024 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 HOUSE BILL 1358
49	49
50	50
51	51	Article – Correctional Services 1
52	52
53	53	3–401. 2
54	54
55	55	In this subtitle, “program” means a home detention program established under this 3
56	56	subtitle. 4
57	57
58	58	3–409. 5
59	59
60	60	(a) (1) An incarcerated individual who willfully violates the conditions of the 6
61	61	incarcerated individual’s placement in the program is guilty of a misdemeanor and on 7
62	62	conviction is subject to imprisonment not exceeding 1 year. 8
63	63
64	64	(2) Notwithstanding § 9–104 of this article, a sentence under this 9
65	65	subsection may be to the jurisdiction of the Division. 10
66	66
67	67	(3) THE DIVISION MAY NOT APPLY CREDIT FOR ANY PORTION OF THE 11
68	68	TIME SERVED IN THE PROGRAM TOWARD ANY SENTENCE OF A N INCARCERATED 12
69	69	INDIVIDUAL CONVICTED OF A VIOLATION OF PA RAGRAPH (1) OF THIS SUBSECTION . 13
70	70
71	71	Article – Criminal Procedure 14
72	72
73	73	5–213. 15
74	74
75	75	(a) A court may issue a bench warrant for the arrest of a defendant who violates 16
76	76	a condition of pretrial release. 17
77	77
78	78	(b) (1) After a defendant is presented before a court, the court may: 18
79	79
80	80	[(1)] (I) revoke the defendant’s pretrial release; or 19
81	81
82	82	[(2)] (II) continue the defendant’s pretrial release with or without 20
83	83	conditions. 21
84	84
85	85	(2) THE COURT SHALL CONSI DER THE NATURE AND CIRCU MSTANCES 22
86	86	OF ANY PENDING CASES OF A DEFENDANT IN DETER MINING THE APPROPRIATE 23
87	87	CONDITIONS OF PRETRI AL RELEASE. 24
88	88
89	89	6–218. 25
90	90
91	91	(a) This section does not apply to: 26
92	92
93	93	(1) a parolee who is returned to the custody of the Division of Correction 27
94	94	because of a subsequent crime and is confined before being sentenced for the subsequent 28
95	95	crime; OR 29
96	96	HOUSE BILL 1358 3
97	97
98	98
99	99	(2) A DEFENDANT WHO WAS PLACED ON HOME DE TENTION AS A 1
100	100	CONDITION OF PRETRIA L RELEASE AND IS RETURNED TO THE CUSTODY OF A 2
101	101	CORRECTIONAL FACILIT Y FOR VIOLATING A CONDITION OF PRETR IAL RELEASE. 3
102	102
103	103	(b) (1) A defendant who is convicted and sentenced shall receive credit against 4
104	104	and a reduction of the term of a definite or life sentence, or the minimum and maximum 5
105	105	terms of an indeterminate sentence, for all time spent in the custody of a correctional 6
106	106	facility, hospital, facility for persons with mental disorders, or other unit because of: 7
107	107
108	108	(i) the charge for which the sentence is imposed; or 8
109	109
110	110	(ii) the conduct on which the charge is based. 9
111	111
112	112	(2) If a defendant is in custody because of a charge that results in a 10
113	113	dismissal or acquittal, the time that would have been credited if a sentence had been 11
114	114	imposed shall be credited against any sentence that is based on a charge for which a 12
115	115	warrant or commitment was filed during that custody. 13
116	116
117	117	(3) In a case other than a case described in paragraph (2) of this subsection, 14
118	118	the sentencing court may apply credit against a sentence for time spent in custody for 15
119	119	another charge or crime. 16
120	120
121	121	(c) A defendant whose sentence is set aside because of a direct or collateral attack 17
122	122	and who is reprosecuted or resentenced for the same crime or for another crime based on 18
123	123	the same transaction shall receive credit against and a reduction of the term of a definite 19
124	124	or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all 20
125	125	time spent in custody under the prior sentence, including credit applied against the prior 21
126	126	sentence in accordance with subsection (b) of this section. 22
127	127
128	128	(d) A defendant who is serving multiple sentences, one of which is set aside as the 23
129	129	result of a direct or collateral attack, shall receive credit against and a reduction of the 24
130	130	remaining term of a definite or life sentence, or the remaining minimum and maximum 25
131	131	terms of an indeterminate sentence, for all time spent in custody under the sentence set 26
132	132	aside, including credit applied against the sentence set aside in accordance with subsection 27
133	133	(b) of this section. 28
134	134
135	135	(e) (1) The court shall award the credit required by this section at the time of 29
136	136	sentencing. 30
137	137
138	138	(2) After having communicated with the parties, the court shall tell the 31
139	139	defendant and shall state on the record the amount of the credit and the facts on which the 32
140	140	credit is based. 33
141	141
142	142	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
143	143	October 1, 2025. 35