In Maryland, private home detention offers an alternative to traditional incarceration, allowing eligible individuals to serve their sentences within the confines of their residences under strict monitoring. This option not only provides a less disruptive means of serving time but also enables individuals to maintain employment and family connections. Understanding the eligibility criteria, the concept of earned compliance credits, the nature of home detention, and the associated costs is crucial for those considering this alternative.
Eligibility for Private Home Detention in Maryland
Eligibility for private home detention in Maryland is determined by specific legal provisions. According to Maryland Correctional Services Code § 11-702, at the time of sentencing or during an individual’s confinement, the sentencing judge may allow an individual convicted of a crime and sentenced to imprisonment to participate in a home detention program. However, certain exclusions apply. For instance, individuals serving sentences for crimes of violence or those found guilty of child abuse or escape are not eligible for home detention programs. Additionally, the inmate must have no other charges pending in any jurisdiction. These criteria ensure that home detention is reserved for individuals who pose a minimal risk to public safety.
Understanding Earned Compliance Credits
Maryland has implemented an earned compliance credit program to incentivize good behavior among those under supervision, including individuals on home detention. As defined in Maryland Correctional Services Code § 6-117, an “earned compliance credit” is a 20-day reduction from the period of active supervision or home detention for every month a supervised individual exhibits compliance with the conditions and goals of their probation, parole, or mandatory release supervision. To qualify for these credits, the individual must:
- Comply with all supervision conditions.
- Avoid new arrests.
- Adhere to any imposed no-contact conditions.
- Stay current on court-ordered payments, excluding monthly supervision fees.
- Fulfill any community supervision requirements.
- If applicable, comply with supervision requirements of a private home detention monitoring agency.
Once the combination of time served and earned compliance credits satisfies the individual’s active term of supervision or home detention, the Division of Parole and Probation is required to place the individual on abatement, effectively ending active supervision. This system rewards individuals who demonstrate consistent compliance, potentially reducing their supervision period significantly.
Nature and Conditions of Home Detention
Home detention, as defined in Maryland Correctional Services Code § 6-117, involves monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article. Participants are typically required to wear an electronic monitoring device, such as an ankle bracelet, that ensures compliance with the terms of home confinement. The conditions of home detention may include:
- Confinement to one’s residence except for approved activities like employment, medical appointments, or court appearances.
- Regular check-ins with a supervising officer or agency.
- Adherence to curfews and other specific restrictions.
The goal of home detention is to balance public safety with rehabilitation, allowing individuals to maintain productive lives while serving their sentences.
Costs Associated with Private Home Detention
Participating in a private home detention program involves certain costs. Maryland law requires that all monitored individuals are charged for home detention services. Records must be maintained reflecting the payment of such fees. For example, the House Arrest Alternative Sentencing Program in Anne Arundel County charges participants $10.00 per day. These fees cover the costs associated with electronic monitoring and administrative services provided by the detention monitoring agencies.
It’s important to note that while supervision fees have been eliminated for individuals under parole and probation supervision, as announced by Governor Wes Moore in October 2024, these changes do not necessarily apply to fees associated with private home detention programs. Therefore, individuals considering home detention should be prepared for the financial obligations involved and consult with their legal counsel or supervising agency to understand the specific costs they may incur.
Conclusion
Private home detention in Maryland serves as a viable alternative to traditional incarceration for eligible individuals, offering the opportunity to serve sentences within the community under structured supervision. By adhering to program conditions and taking advantage of earned compliance credits, participants can potentially reduce their supervision periods. However, it’s essential to fully understand the eligibility requirements, the nature of home detention, and the associated costs before pursuing this option. Consulting with legal professionals and the supervising agencies can provide personalized guidance tailored to individual circumstances.
