(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 INMATE HELD
IN THE BALTIMORE CITY DETENTION CENTER;

(7) MAY ENTER AGREEMENTS FOR THE HOUSING OF ANY INMATE
COMMITTED TO FEDERAL OR LOCAL GOVERNMENTAL UNITS IN THE BALTIMORE
CITY DETENTION CENTER; AND

(8) MAY ENTER OTHER AGREEMENTS NECESSARY TO CARRY OUT THE
PURPOSES OF THIS TITLE.

(D) HOME DETENTION PROGRAM.

(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PLACED ON A HOME DETENTION PROGRAM MAY NOT BE LIMITED OR SUPERSEDED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.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-1404.

Subsection (a) of this section is restated in standard language used to
provide for the appointment of a commissioner. See, e.g., § 3-202 of this
article.

In subsection (c)(1) of this section, the former reference to "Article 27, §§
667 through 726" is deleted as included in the reference to "this Code".

In subsection (c)(5) of this section, the reference to terms "and conditions"
is added for consistency with subsection (d)(1) of this section.

In the introductory language of subsection (d)(2) of this section, the former
reference to a "judge of the circuit or district" court is deleted as implicit in
the reference to "court".

Defined terms: "Commissioner" § 5-101
"Commissioner of Correction" § 1-101
"Department" § 1-101