EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1358*
HOUSE BILL 1358
E2, E5 5lr3068
By: Delegates Reilly, Griffith, Hartman, Mangione, T. Morgan, and Pippy
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Home Detention – Time Served Credits 2
FOR the purpose of prohibiting the Division of Correction from applying credit for any 3
portion of the time served in a certain home detention program toward any sentence 4
of a certain incarcerated individual; requiring that a court consider the nature and 5
circumstances of any pending cases of a defendant in determining the appropriate 6
conditions of pretrial release; providing that certain provisions relating to the 7
application of credit toward a certain sentence do not apply to a certain defendant; 8
and generally relating to home detention and time served credits. 9
BY repealing and reenacting, without amendments, 10
Article – Correctional Services 11
Section 3–401 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Correctional Services 16
Section 3–409(a) 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
Section 5–213 and 6–218 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1358
Article – Correctional Services 1
3–401. 2
In this subtitle, “program” means a home detention program established under this 3
subtitle. 4
3–409. 5
(a) (1) An incarcerated individual who willfully violates the conditions of the 6
incarcerated individual’s placement in the program is guilty of a misdemeanor and on 7
conviction is subject to imprisonment not exceeding 1 year. 8
(2) Notwithstanding § 9–104 of this article, a sentence under this 9
subsection may be to the jurisdiction of the Division. 10
(3) THE DIVISION MAY NOT APPLY CREDIT FOR ANY PORTION OF THE 11
TIME SERVED IN THE PROGRAM TOWARD ANY SENTENCE OF A N INCARCERATED 12
INDIVIDUAL CONVICTED OF A VIOLATION OF PA RAGRAPH (1) OF THIS SUBSECTION . 13
Article – Criminal Procedure 14
5–213. 15
(a) A court may issue a bench warrant for the arrest of a defendant who violates 16
a condition of pretrial release. 17
(b) (1) After a defendant is presented before a court, the court may: 18
[(1)] (I) revoke the defendant’s pretrial release; or 19
[(2)] (II) continue the defendant’s pretrial release with or without 20
conditions. 21
(2) THE COURT SHALL CONSI DER THE NATURE AND CIRCU MSTANCES 22
OF ANY PENDING CASES OF A DEFENDANT IN DETER MINING THE APPROPRIATE 23
CONDITIONS OF PRETRI AL RELEASE. 24
6–218. 25
(a) This section does not apply to: 26
(1) a parolee who is returned to the custody of the Division of Correction 27
because of a subsequent crime and is confined before being sentenced for the subsequent 28
crime; OR 29
HOUSE BILL 1358 3
(2) A DEFENDANT WHO WAS PLACED ON HOME DE TENTION AS A 1
CONDITION OF PRETRIA L RELEASE AND IS RETURNED TO THE CUSTODY OF A 2
CORRECTIONAL FACILIT Y FOR VIOLATING A CONDITION OF PRETR IAL RELEASE. 3
(b) (1) A defendant who is convicted and sentenced shall receive credit against 4
and a reduction of the term of a definite or life sentence, or the minimum and maximum 5
terms of an indeterminate sentence, for all time spent in the custody of a correctional 6
facility, hospital, facility for persons with mental disorders, or other unit because of: 7
(i) the charge for which the sentence is imposed; or 8
(ii) the conduct on which the charge is based. 9
(2) If a defendant is in custody because of a charge that results in a 10
dismissal or acquittal, the time that would have been credited if a sentence had been 11
imposed shall be credited against any sentence that is based on a charge for which a 12
warrant or commitment was filed during that custody. 13
(3) In a case other than a case described in paragraph (2) of this subsection, 14
the sentencing court may apply credit against a sentence for time spent in custody for 15
another charge or crime. 16
(c) A defendant whose sentence is set aside because of a direct or collateral attack 17
and who is reprosecuted or resentenced for the same crime or for another crime based on 18
the same transaction shall receive credit against and a reduction of the term of a definite 19
or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all 20
time spent in custody under the prior sentence, including credit applied against the prior 21
sentence in accordance with subsection (b) of this section. 22
(d) A defendant who is serving multiple sentences, one of which is set aside as the 23
result of a direct or collateral attack, shall receive credit against and a reduction of the 24
remaining term of a definite or life sentence, or the remaining minimum and maximum 25
terms of an indeterminate sentence, for all time spent in custody under the sentence set 26
aside, including credit applied against the sentence set aside in accordance with subsection 27
(b) of this section. 28
(e) (1) The court shall award the credit required by this section at the time of 29
sentencing. 30
(2) After having communicated with the parties, the court shall tell the 31
defendant and shall state on the record the amount of the credit and the facts on which the 32
credit is based. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
October 1, 2025. 35