Ch. 655                                        1994 LAWS OF MARYLAND

4-1404.

(a)     There is a Commissioner of Pretrial Detention and Services, who is appointed
by the Secretary, with the approval of the Governor.

(b)     The Commissioner serves at the pleasure of the Secretary.               

(c)      The Commissioner:                        

(1)     With regard to the Division, shall have the same authority as is vested by
this Code, including Article 27, Sections 667 through 726, in the Commissioner of
Correction over the Division of Correction;

(2)      Shall safely keep any person committed or transferred to the custody of
the Commissioner until the person 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)      May enter agreements with the Commissioner of Correction for the
housing of any persons held in the Baltimore City Detention. Center;             

(6)      May enter agreements with governmental entities for the housing of any
person held in the Baltimore City Detention Center;

(7)      May enter agreements for the housing of any person committed to
federal or local governmental entities in the Baltimore City Detention Center;

(8)      May enter other agreements necessary to carry out the purposes of this
subtitle; and

(9)     (I) Shall establish a home detention program under such terms as the
Secretary shall provide. [The] SUBJECT TO SUBPARAGRAPH (II) OF THIS ITEM
SUBSECTION (D) OF THIS SECTION, THE terms and conditions of the Home Detention
Program shall be established by regulation, notwithstanding any other provision of law.

(II) (D) THE AUTHORITY OF A JUDGE OF THE CIRCUIT OR
DISTRICT 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DETENTION PROGRAM MAY NOT BE LIMITED OR SUPERSEDED BY:

(1) ANY REGULATION OF THE DIVISION OR DEPARTMENT; OR

(2) THE DIVISION OR THE COMMISSIONER.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 1994.

Approved May 26, 1994.

- 2914 -