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

(I) THE SENTENCING JUDGE RECOMMENDS THAT THE INMATE
PARTICIPATE IN THE PROGRAM; AND

(II) THE INMATE 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.

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

Subsections (b), (c), and (d) of this section are new language derived
without substantive change from former Art. 27, § 645U.

In subsections (b)(1) and (d)(2) of this section, references to an "individual"
are substituted for the former references to a "person" because only a
human being, and not the other entities included in the defined term
"person", can be sentenced to imprisonment. See § 1-101 of this article for
the definition of "person".

In subsection (b)(1) of this section, the reference to a judge "allow[ing]" an
individual to participate in an authorized activity is substituted for the
former reference to "prescribing] that [an individual] may" participate in
an authorized activity for consistency throughout this article with regard
to discretionary language.

Also in subsection (b)(1) of this section, the references to "confinement" are
substituted for the former references to "term of detention" and "term of
his sentence", respectively, for consistency throughout this subtitle.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsections (b)(1) and (d)(2) of
this section authorize a "sentencing judge" to allow an individual to
participate in certain activities. Subsections (b)(1) and (d)(2) are silent as
to what happens when the sentencing judge is unable to act on the matter.
The General Assembly may wish to amend subsections (b)(1) and (d)(2) to
state expressly that, when the sentencing judge is unable to act, the
authority to allow an individual to participate in the specified activities
extends to other judges of the committing court. See, e.g., subsection (c)(3)
of this section and §§ 11-704(c)(1)(i), 11-706(b)(2), 11-712(c)(2)(ii), and
11-717(d)(l) and (2) and (f)(3) of this subtitle. Alternatively, the General