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Session Laws, 1999
Volume 796, Page 935   View pdf image
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(2) (I) AT THE TIME OF SENTENCING OR AT ANY TIME DURING AN
INDIVIDUAL'S CONFINEMENT, THE SENTENCING JUDGE MAY PLACE THE
INDIVIDUAL IN THE HOME DETENTION PROGRAM.

(II) THE SHERIFF MAY PLACE, AN INMATE IN THE HOME
DETENTION PROGRAM AT ANY TIME AFTER THE INMATE HAS SERVED 25% OF THE
INMATE'S SENTENCE.

(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, AN INMATE IS
ELIGIBLE FOR THE HOME DETENTION PROGRAM IF THE INMATE;

(I) IS PLACED IN THE PROGRAM BY THE SENTENCING JUDGE OR
THE SHERIFF; AND

(II) HAS NO OTHER CHARGES PENDING IN ANY JURISDICTION.

(4) AN INMATE IS NOT ELIGIBLE FOR THE HOME DETENTION PROGRAM
IF THE INMATE:

(I) IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE; OR

(II) HAS BEEN FOUND GUILTY OF THE CRIME OF;

1. CHILD ABUSE UNDER ARTICLE 27, § 35C OF THE CODE; OR

2. ESCAPE UNDER ARTICLE 27, § 139 OF THE CODE.

(5) THE SHERIFF SHALL:

(I) DETERMINE THE AMOUNT OF A REASONABLE FEE FOR THE
COST OF ELECTRONIC SUPERVISION, INCLUDING THE ADMINISTRATIVE COSTS
ASSOCIATED WITH THE SUPERVISION; AND

(II) COLLECT THE FEE FROM EACH INMATE IN THE PROGRAM.

REVISOR'S NOTE: Subsection (a) of this section is new language added to
clarify that this section applies only in Cecil County.

Subsection (b) of this section is new language derived without substantive
change from former Art. 27, § 645KK.

In subsection (b)(1)(ii) of this section, the former reference to "rules" and
regulations is deleted for consistency throughout this article. See General
Revisor's Note to this article.

In subsection (b)(2) of this section, the former references to a home
detention program "established under this section" are deleted as implied
in the reference to "home detention program".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(2)(i) of this
section authorizes a "sentencing judge" to place an individual in home
detention. Subsection (b)(2)(i) is silent as to what happens when the
sentencing judge is unable to act on the matter. The General Assembly

 

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Session Laws, 1999
Volume 796, Page 935   View pdf image
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