Maryland 2025 2025 Regular Session

Maryland House Bill HB485 Introduced / Bill

Filed 01/21/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0485*  
  
HOUSE BILL 485 
E5, E4, L2   	5lr1236 
      
By: Delegates T. Morgan, Crosby, and M. Morgan 
Introduced and read first time: January 20, 2025 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
St. Mary’s County – Corrections 2 
 
FOR the purpose of adding programs that the St. Mary’s County Sheriff is authorized to 3 
establish; repealing a requirement that the Sheriff or the Sheriff’s designee collect 4 
the earnings of a certain individual participating in a certain program; authorizing 5 
the Sheriff or the Sheriff’s designee to direct an individual participating in a certain 6 
program to provide proof that the individual has made payments toward certain 7 
obligations; and generally relating to corrections in St. Mary’s County. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Correctional Services 10 
Section 11–720 11 
 Annotated Code of Maryland 12 
 (2017 Replacement Volume and 2024 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Correctional Services 16 
 
11–720. 17 
 
 (a) This section applies only in St. Mary’s County. 18 
 
 (b) (1) The Sheriff may establish: 19 
 
 (i) a home detention program; 20 
 
 (II) A DAY REPORTING PROG RAM; 21 
  2 	HOUSE BILL 485  
 
 
 [(ii)] (III) a work release program; 1 
 
 (IV) AN IN–PATIENT TREATMENT PR OGRAM; 2 
 
 [(iii)] (V) a pretrial release SUPERVISION program; and 3 
 
 [(iv)] (VI) a prerelease program. 4 
 
 (2) (i) If the Sheriff establishes a program under this section, the 5 
Sheriff shall adopt regulations necessary to implement each program established. 6 
 
 (ii) If a condition that a court imposes on an [incarcerated] 7 
individual is inconsistent with a regulation adopted under this subsection, the condition 8 
imposed by the court controls as to that [incarcerated] individual. 9 
 
 (c) (1) At the time of [sentencing] A COURT PROCEEDING or at any time 10 
during an individual’s [confinement] PARTICIPATION IN A PROGRAM , the court may 11 
allow the individual to participate in any program established under this section if the 12 
individual: 13 
 
 (i) is [sentenced] COURT–ORDERED to the custody of the Sheriff; 14 
and 15 
 
 (ii) has no other charges for a felony or a [violation of a] crime of 16 
violence as defined in § 14–101 of the Criminal Law Article pending in any jurisdiction. 17 
 
 (2) An [incarcerated] individual who is participating in any program 18 
established under this section and who is [sentenced to the] AUTHORIZED TO 19 
PARTICIPATE IN A St. Mary’s County Detention and Rehabilitation Center PROGRAM 20 
may [leave the detention center to], WITH THE APPROVAL OF THE SHERIFF OR THE 21 
SHERIFF’S DESIGNEE: 22 
 
 (i) continue regular employment; 23 
 
 (ii) seek new employment; 24 
 
 (iii) attend any court–ordered treatment appointments; 25 
 
 (iv) receive intensive counseling; 26 
 
 (v) obtain academic education; or 27 
 
 (vi) maximize use of other community resources or other similar 28 
rehabilitative activities. 29 
   	HOUSE BILL 485 	3 
 
 
 (d) [(1)] The Sheriff or the Sheriff’s designee [shall collect the earnings of an 1 
incarcerated individual participating in a program established under this section, less any 2 
payroll deduction required by law. 3 
 
 (2) From the earnings of the incarcerated individual, the Sheriff may 4 
deduct: 5 
 
 (i) the amount determined to be the cost to the county of providing 6 
food, lodging, clothing, and transportation for the incarcerated individual; 7 
 
 (ii) actual and necessary food, travel, and other expenses incidental 8 
to the incarcerated individual’s participation in the program;] MAY DIRECT AN 9 
INDIVIDUAL PARTICIPATING IN A PROGRAM ESTABLISHE D UNDER THIS SECTION TO 10 
PROVIDE PROOF THAT T HE INDIVIDUAL HAS MA DE PAYMENTS TOWARD A NY OF THE 11 
FOLLOWING OBLIGATION S: 12 
 
 [(iii)] (1) an amount the [incarcerated] individual is legally 13 
obligated [or desires] to pay for the support of a dependent; 14 
 
 [(iv) if applicable, a reasonable amount to repay the State or the 15 
county for an attorney appointed by the court; and] 16 
 
 [(v)] (2) court–ordered payments for restitution[. 17 
 
 (3) The Sheriff shall: 18 
 
 (i) credit to the incarcerated individual’s account any remaining 19 
balance; and 20 
 
 (ii) dispose of the balance in the incarcerated individual’s account as 21 
the incarcerated individual requests and the Sheriff approves]; OR 22 
 
 (3) COURT–ORDERED FEES OR FINE S. 23 
 
 (e) (1) If an [incarcerated] individual violates a trust or a condition that a 24 
court or Sheriff has established for participating in any program established under this 25 
section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation. 26 
 
 (2) An [incarcerated] individual who violates a trust or a condition that a 27 
court or Sheriff has established for participating in any program established under this 28 
section is subject to: 29 
 
 (i) removal from the program; and 30 
 
 (ii) cancellation of any earned diminution of the [incarcerated] 31 
individual’s term of confinement. 32  4 	HOUSE BILL 485  
 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 
October 1, 2025. 2