Md. Code, Correctional Services § 5-202
This is the official text of Md. Code, Correctional Services § 5-202, part of Maryland’s Code, Correctional Services — governs prisons and the state correctional system.
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§5–202.
Official statutory text
(a) With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.
(b) The Commissioner serves at the pleasure of the Secretary.
(c) The Commissioner:
(1) has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;
(2) shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law;
(3) is in charge of the Division, subject to the authority of the Secretary;
(4) is the appointing authority for all employees of the Division;
(5) shall establish a home detention program under terms and conditions that the Secretary provides;
(6) may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division;
(7) may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and
(8) may enter other agreements necessary to carry out the purposes of this title.
(d) (1) Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.
(2) The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:
(i) a regulation of the Division or Department; or
(ii) the Division or the Commissioner.
(b) The Commissioner serves at the pleasure of the Secretary.
(c) The Commissioner:
(1) has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;
(2) shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law;
(3) is in charge of the Division, subject to the authority of the Secretary;
(4) is the appointing authority for all employees of the Division;
(5) shall establish a home detention program under terms and conditions that the Secretary provides;
(6) may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division;
(7) may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and
(8) may enter other agreements necessary to carry out the purposes of this title.
(d) (1) Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.
(2) The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:
(i) a regulation of the Division or Department; or
(ii) the Division or the Commissioner.
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