(I) 5 YEARS HAVE ELAPSED SINCE EXPIRATION OF THE SENTENCE
FOR THE CRIME OF VIOLENCE; OR

(II) THE INMATE IS WITHIN 90 DAYS OF RELEASE ON PAROLE OR
MANDATORY SUPERVISION; OR

(3) HAS BEEN FOUND GUILTY OF THE CRIME OF:

(I) CHILD ABUSE UNDER ARTICLE 27, § 35C OF THE CODE; OR

(II) ESCAPE UNDER ARTICLE 27, § 139 OF THE CODE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 689A(d).

Defined terms: "Inmate" § 1-101
"Program" § 3-401

3-405. CONDITIONS OF PLACEMENT.

AN INMATE MAY BE PLACED IN THE PROGRAM IF:

(1) THE INMATE AGREES TO WAIVE THE INMATE'S RIGHT TO CONTEST
EXTRADITION;

(2) . THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE APPROVES
THE PLACEMENT; AND

(3) THE INMATE HAS SERVED ANY STATUTORILY IMPOSED MINIMUM
SENTENCE, LESS THE ALLOWANCES FOR DIMINUTION OF THE INMATE'S TERM OF
CONFINEMENT PROVIDED UNDER SUBTITLE 7 OF THIS TITLE AND ARTICLE 27, § 638C
OF THE CODE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 689A(e).

In the introductory language of this section, the former reference to placing
an inmate in the program "only" if certain factors are met is deleted as
implicit in the list of eligibility requirements.

Former Art. 27, 689A(e)(3), which is revised in item (3) of this section,
provided that an inmate may be placed in the home detention program
only after the inmate has served any statutorily imposed minimum
sentence, less the allowances for diminution of the inmate's term of
confinement provided under Art. 27, § 638C and former Art. 27, § 700,
which is revised in Subtitle 7 of this title. The Correctional Services Article
Review Committee notes, for consideration by the General Assembly, that
former Art. 27, § 704A, which is revised in Title 11, Subtitle 5 of this
article, establishes rules governing diminution of confinement for inmates
in local correctional facilities. The General Assembly may wish to revise
item (3) of this section to include a reference to allowances for diminution
of the inmate's term of confinement provided under Title 11, Subtitle 5 of
this article.