Md. Code, Correctional Services, Title 6

in effect

Md. Code, Correctional Services § 6-101

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Absconding” means willfully evading supervision. (2) “Absconding” includes leaving an inpatient residential treatment facility that an individual was placed in under a court order for drug or alcohol treatment without the permission of the administrator, as defined in § 8–101 of the Health – General Article. (3) “Absconding” does not include missing a single appointment with a supervising authority. (c) “Commission” means the Maryland Parole Commission. (d) “Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article. (e) “Criminal risk factors” means an individual’s characteristics and behaviors that: (1) affect the individual’s risk of engaging in criminal behavior; and (2) are diminished when addressed by effective treatment, supervision, and other support services, resulting in a reduced risk of criminal behavior. (f) “Director” means the Director of the Division or the Director’s designee. (g) “Division” means the Division of Parole and Probation. (h) “Mandatory supervision” has the meaning stated in § 7–101 of this article. (i) “Offender” means an individual on parole or under mandatory supervision. (j) “Parolee” means an individual who has been released on parole. (k) “Program” means a home detention program established under § 6–108 of this subtitle. (l) “Risk and needs assessment” means an actuarial tool validated on the State’s correctional population that determines: (1) an individual’s risk of reoffending; and (2) the criminal risk factors that, when addressed, reduce the individual’s risk of reoffending. (m) “Technical violation” means a violation of a condition of probation, parole, or mandatory supervision that does not involve: (1) an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer; (2) a violation of a criminal prohibition other than a minor traffic offense; (3) a violation of a no–contact or stay–away order; or (4) absconding.

Md. Code, Correctional Services § 6-102

This subtitle does not apply to: (1) an incarcerated individual retained in the custody of the Patuxent Institution for: (i) examination to determine if the incarcerated individual is an eligible person, as defined in § 4–101 of this article; or (ii) confinement as an eligible person under Title 4 of this article; or (2) a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.

Md. Code, Correctional Services § 6-103

There is a Division of Parole and Probation in the Department.

Md. Code, Correctional Services § 6-104

(a) Subject to the authority of the Secretary and in addition to any other duties established by law, the Division: (1) shall: (i) administer a validated screening tool on each individual on parole or mandatory supervision under the supervision of the Division; (ii) administer a risk and needs assessment and develop an individualized case plan for each individual on parole or mandatory supervision who has been screened as moderate or high risk to reoffend; (iii) supervise an individual on parole or mandatory supervision based on the results of a validated screening tool or risk and needs assessment conducted under items (i) or (ii) of this item; (iv) supervise an individual under mandatory supervision until the expiration of the individual’s maximum term or terms of confinement; (v) regularly inform the Commission of the activities of offenders who are supervised by the Division, including, if requested by the Commission, any graduated sanctions imposed under § 6–121 of this subtitle; (vi) issue a warrant for the retaking of an offender charged with a violation of a condition of parole or mandatory supervision, if this authority is delegated by the Commission to the Director of the Division; and (vii) administer the Drinking Driver Monitor Program, collect supervision fees, and adopt guidelines for collecting the monthly program fee assessed in accordance with § 6–115 of this subtitle; and (2) may recommend: (i) that the Commission modify any condition of parole or mandatory supervision; and (ii) that the Commission issue a warrant for the retaking of an offender. (b) Funding for the Drinking Driver Monitor Program shall be as provided in the State budget.

Md. Code, Correctional Services § 6-105

(a) With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Director. (b) The Director is the head of the Division. (c) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. (d) The Director serves at the pleasure of the Secretary. (e) The Director is entitled to the compensation provided in the State budget.

Md. Code, Correctional Services § 6-107

A sheriff or police officer authorized to serve criminal process or a parole and probation employee designated under § 6-106 of this subtitle who receives a warrant for the retaking of an alleged violator shall execute the warrant in accordance with the directions in the warrant.

Md. Code, Correctional Services § 6-108

(a) With the Secretary’s approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves. (b) An offender in the program shall be supervised by means of: (1) electronic devices; and (2) direct contact by employees of the Division. (c) An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence. (d) While in the program, an offender must remain in the offender’s approved dwelling except: (1) with the approval of the Director, to go directly to and from: (i) the offender’s approved place of employment; (ii) a medical or mental health treatment facility; or (iii) offices of the Department; (2) as required by legitimate medical or other emergencies; or (3) as otherwise allowed or directed by the Director. (e) (1) An offender in the program is responsible for all of the offender’s living expenses, including those for food, clothing, medical care, shelter, and utilities. (2) Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents. (f) (1) After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program. (2) If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee. (g) An offender in the program is not an agent or employee of the Division. (h) The Director shall employ parole and probation employees to supervise offenders in the program. (i) The Commission may remove an offender from the program at any time and for any reason. (j) (1) With the Secretary’s approval, the Director shall adopt regulations to implement the program. (2) Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.

Md. Code, Correctional Services § 6-109

(a) The Director may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an offender in the program to search for the offender. (b) An application for a search warrant shall: (1) be in writing; (2) be verified by the applicant; and (3) describe the premises to be searched and the nature, scope, and purpose of the search. (c) A judge who receives an application for a search warrant may issue a warrant on a finding that: (1) the scope of the proposed search is reasonable; and (2) obtaining consent to enter the premises may jeopardize the attempt to take custody of the offender. (d) (1) A search warrant issued under this section shall specify the location of the premises to be searched. (2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant. (e) A search warrant issued under this section shall be executed and returned to the issuing judge: (1) within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or (2) within 15 days after the warrant is issued, if no period is specified in the warrant.

Md. Code, Correctional Services § 6-110

Each duly qualified parole agent of the Division has visitorial powers over any correctional facility in which an incarcerated individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.

Md. Code, Correctional Services § 6-111

If a court suspends the sentence of an individual convicted of a crime and orders the individual to continue under the supervision of the Division for a specified time or until ordered otherwise, the Division shall: (1) administer a validated screening tool on the individual; (2) administer a risk and needs assessment and develop an individualized case plan for each individual who has been screened as moderate or high risk to reoffend; (3) supervise an individual based on the probation order and, to the extent not inconsistent with that order, on the results of a validated screening tool or risk and needs assessment conducted under items (1) or (2) of this section; (4) notwithstanding any other law, impose graduated sanctions under § 6–121 of this subtitle in response to technical violations as an alternative to seeking revocation under § 6–223 or § 6–224 of the Criminal Procedure Article; (5) provide prompt notice to the court of any technical violations committed and graduated sanctions imposed under § 6–121 of this subtitle; and (6) report to the court on the individual’s compliance.

Md. Code, Correctional Services § 6-112

(a) (1) On request of a court, a parole and probation agent of the Division shall: (i) provide the court with a presentence investigation report; (ii) conduct other investigations; and (iii) perform other probationary services. (2) Except on court order, a presentence investigation report is confidential and is not available for public inspection. (3) On request, a presentence investigation report shall be made available to: (i) the defendant; (ii) the defendant’s attorney; (iii) the State’s Attorney; (iv) a correctional facility; (v) a parole, probation, or pretrial release official of this State, any other state, or the United States; (vi) a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or (vii) a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation. (b) (1) If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before: (i) sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or (ii) referring a defendant to the Patuxent Institution. (2) The party that requests the report has the burden of establishing that the investigation should be ordered. (3) If required under § 11–402 of the Criminal Procedure Article, the report shall include a victim impact statement. (4) If the defendant has been convicted of a felony or misdemeanor that is related to the defendant’s membership in a criminal organization, as defined in § 9–801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant. (c) (1) The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2–203 of the Criminal Law Article. (2) The report shall include a victim impact statement as provided under § 11–402 of the Criminal Procedure Article. (3) The court or jury before which the separate sentencing proceeding is conducted under § 2–304 of the Criminal Law Article shall consider the report.

Md. Code, Correctional Services § 6-113

The Division and the Division of Correction shall keep the report submitted under § 15–105 of the Criminal Procedure Article on file so that each unit has an abstract of each case for which application for parole may be made under this article.

Md. Code, Correctional Services § 6-114

(a) The Division may establish a citizens’ support unit to be known as “GUIDE”, which stands for: give understanding, inspiration, direction, and encouragement. (b) The unit shall consist of residents of the State who volunteer their time and services to aid in the education and counseling of parolees and probationers.

Md. Code, Correctional Services § 6-115

(a) (1) In this section the following words have the meanings indicated. (2) “Program fee” means any fee the Division assesses on a supervisee the Division places in the Drinking Driver Monitor Program. (3) “Supervisee” means a person that the court places under the supervision of the Division. (4) “Supervision fee” means the fee the court orders under § 6–226 of the Criminal Procedure Article. (b) All supervisees placed in the Drinking Driver Monitor Program by the Division shall be: (1) subject to a monthly supervision fee in accordance with § 6–226 of the Criminal Procedure Article; and (2) assessed a monthly Program fee of $75 by the Division. (c) (1) The Program fee imposed under this section shall be paid to the Division by all supervisees in the Drinking Driver Monitor Program. (2) The Division shall pay the Program fees collected under this section into the Drinking Driver Monitor Program Fund. (d) Notwithstanding subsections (b) and (c) of this section, the Division may exempt a supervisee as a whole or in part from the Program fee imposed under this section if: (1) the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee; (2) (i) the supervisee is a student in a school, college, or university or is enrolled in a course of vocational or technical training designed to prepare the student for gainful employment; and (ii) certification of student status is supplied to the Division by the institution in which the supervisee is enrolled; (3) the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted by the Division; (4) the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or (5) other extenuating circumstances exist.

Md. Code, Correctional Services § 6-116

(a) There is a Drinking Driver Monitor Program Fund. (b) The Fund shall be used for all costs of the Drinking Driver Monitor Program. (c) (1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (d) The Fund consists of: (1) the program fees paid by supervisees in the Drinking Driver Monitor Program; and (2) investment earnings of the Fund. (e) The money of the Fund shall be invested in the same manner as other State money. (f) Expenditures from the Fund may be made only: (1) in accordance with the State budget; or (2) by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article. (g) The Fund is subject to audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.

Md. Code, Correctional Services § 6-117

(a) (1) In this section the following words have the meanings indicated. (2) “Abatement” means an end to active supervision or home detention of a supervised individual, without effect on the legal expiration date of the case or the supervised individual’s obligation to: (i) obey all laws; and (ii) obtain written permission from the Division of Parole and Probation before relocating the supervised individual’s residence outside the State. (3) “Earned compliance credit” means a 20–day reduction from the period of active supervision or home detention of the supervised individual for every month that a supervised individual: (i) exhibits compliance with the conditions and goals of the supervised individual’s probation, parole, or mandatory release supervision, as determined by the Department; (ii) has no new arrests; (iii) has not violated any conditions of no contact imposed on the supervised individual; (iv) except for a monthly supervision fee imposed under § 7–702 of this article or § 6–226 of the Criminal Procedure Article, is current on court ordered payments for restitution, fines, and fees relating to the offense for which earned compliance credits are being accrued; (v) is current in completing any community supervision requirements included in the conditions of the supervised individual’s probation, parole, or mandatory release supervision; and (vi) if applicable, has been compliant with any supervision requirements of a private home detention monitoring agency. (4) “Home detention” means monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article. (5) (i) “Supervised individual” means an individual placed on probation by a court or serving a period of parole or mandatory release supervision after release from a correctional facility. (ii) “Supervised individual” includes an individual being monitored by a private home detention monitoring agency as a condition of probation. (iii) “Supervised individual” does not include: 1. a person incarcerated, on probation, or convicted in this State for a crime of violence; 2. a person incarcerated, on probation, or convicted in this State for a crime under Title 3, Subtitle 3 of the Criminal Law Article; 3. a person incarcerated, on probation, or convicted in this State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal Law Article; 4. a person registered or eligible for registration under Title 11, Subtitle 7 of the Criminal Procedure Article; 5. a person who was convicted in any other jurisdiction of a crime and the person’s supervision was transferred to this State; or 6. a person who was convicted in this State of a crime and the person’s supervision was transferred to another state. (b) The Department shall: (1) establish a program to implement earned compliance credits; and (2) adopt policies and procedures to implement the program. (c) (1) Notwithstanding any other law, the Maryland Parole Commission or the court shall adjust the period of a supervised individual’s supervision or home detention on the recommendation of the Division of Parole and Probation for earned compliance credits accrued under a program created under this section. (2) Once a combination of time served on probation, parole, or mandatory supervision, and earned compliance credits satisfy the supervised individual’s active term of supervision or home detention, the Division shall place the individual on abatement. (d) The Division shall: (1) provide regular notification to a supervised individual of the tentative abatement transfer date; and (2) develop policies for notifying a supervised individual of change to the abatement transfer date. (e) At least 90 days before the date of transfer to abatement, the Division shall notify the Commission or the court of the impending transfer. (f) A supervised individual whose period of active supervision or home detention has been completely reduced as a result of earned compliance credits shall remain on abatement until the expiration of the supervised individual’s sentence, unless: (1) the supervised individual consents to continued active supervision or home detention; or (2) the supervised individual violates a condition of probation, parole, or mandatory release supervision including failure to pay a required payment of restitution. (g) A supervised individual who is placed on abatement under this section may not be required to: (1) regularly report to a parole or probation agent; or (2) pay a supervision fee. (h) If a supervised individual violates a condition of probation while on abatement, a court may order the supervised individual to be returned to active supervision or home detention. (i) (1) Twenty–five percent of the savings realized by the Department as a result of the application of earned compliance credits shall revert to the Department. (2) After the savings revert to the Department in accordance with paragraph (1) of this subsection, any remaining savings shall revert to the Performance Incentive Grant Fund established under § 9–3209 of the State Government Article. (j) This section may not be construed to limit the authority of a court or the Parole Commission to extend probation, parole, or mandatory release supervision under § 6–222 of the Criminal Procedure Article. (k) The Department shall develop an automated application for the tracking and awarding of earned compliance credits by the Division.

Md. Code, Correctional Services § 6-118

When considering disciplinary action related to the performance of a parole and probation employee, the Division shall consider the size of the employee’s active caseload and the classification of the offenders within the employee’s active caseload at the time of the event giving rise to the consideration of disciplinary action.

Md. Code, Correctional Services § 6-119

(a) (1) In this section the following words have the meanings indicated. (2) “Evidence–based programs and practices” means programs proven by scientific research to reliably produce reductions in recidivism. (3) “Innovative programs and practices” means programs that do not meet the standard of evidence–based practices but which preliminary research or data indicates will reduce the likelihood of offender recidivism. (b) The Division shall use practicable and suitable methods that are consistent with evidence–based programs and practices and innovative programs and practices to aid and encourage a probationer or parolee to improve conduct, to reduce the risk of recidivism, and to pay restitution. (c) The Division shall have an independent validation study conducted every 3 years on the risk and needs assessment tool.

Md. Code, Correctional Services § 6-120

The Department shall require all parole and probation agents and supervisors, Commission members, and hearing officers to undergo annual training based on the most current research, regarding: (1) identifying, understanding, and targeting an individual’s criminal risk factors; (2) principles of effective risk interventions; and (3) supporting and encouraging compliance and behavior change, including regarding the payment of restitution.

Md. Code, Correctional Services § 6-121

(a) This section shall apply to all individuals under the supervision of the Division. (b) (1) The Division shall impose graduated sanctions in response to technical violations of conditions of supervision. (2) Graduated sanctions may not include incarceration or involuntary detention. (3) The Division shall provide notice to the court of a technical violation committed and a graduated sanction imposed as a result of the violation. (c) The Department shall: (1) establish a program to implement the use of graduated sanctions in response to technical violations of the conditions of community supervision; (2) adopt policies and procedures to implement the program and to ensure that due process protections are in place for an individual under the supervision of the Division to challenge graduated sanctions imposed under the program; and (3) develop a matrix to guide a parole and probation agent in determining the suitable response to a technical violation that includes a range of the most common violations and a range of possible noncustodial sanctions to be imposed. (d) If the available graduated sanctions have been exhausted, the Division shall refer the individual to the court or the Commission for additional sanctions, including formal revocation of probation, parole, or mandatory supervision under § 7–401 or § 7–504 of this article or § 6–223 or § 6–224 of the Criminal Procedure Article.

Md. Code, Correctional Services § 6-201

This subtitle may be cited as the Interstate Compact for Adult Offender Supervision.

Md. Code, Correctional Services § 6-202

Article I. Purpose. (a) The compacting states to this Interstate Compact recognize that: (1) Each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this Compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions; and (2) Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (b) It is the purpose of this Compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: (1) To provide the framework for the promotion of public safety and protect the right of victims through the control and regulation of the interstate movement of offenders in the community; (2) To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and (3) To equitably distribute the costs, benefits, and obligations of the Compact among the compacting states. (c) This Compact will: (1) Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this Compact; (2) Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (3) Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; (4) Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and (5) Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. (d) The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this Compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

Md. Code, Correctional Services § 6-203

Article II. Definitions. (a) As used in this subtitle the following words have the meanings indicated, unless the context clearly requires a different construction. (b) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (c) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct. (d) “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact. (e) “Compacting state” means any state which has enacted the enabling legislation for this Compact. (f) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this Compact. (g) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this Compact. (h) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner. (i) “Noncompacting state” means any state which has not enacted the enabling legislation for this Compact. (j) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (k) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private. (l) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states. (m) “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States. (n) “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this Compact.

Md. Code, Correctional Services § 6-204

Article III. The Compact Commission. (a) The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. (b) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary. (c) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (d) The Interstate Commission shall establish an Executive Committee which shall include Commission officers, members, and others as shall be determined by the bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. (e) The Executive Committee shall: (1) Oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff; (2) Administer enforcement and compliance with the provisions of the Compact and its bylaws, as directed by the Interstate Commission; and (3) Perform other duties as directed by the Commission or set forth in the bylaws.

Md. Code, Correctional Services § 6-205

Article IV. The State Council. (a) Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. (b) Each State Council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. (c) While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and Compact Administrators. (d) Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the State Council or by the governor in consultation with the legislature and the judiciary. (e) In addition to appointment of its commissioner to the national Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.

Md. Code, Correctional Services § 6-206

Article V. Powers and Duties of the Interstate Commission. The Interstate Commission shall have the following powers: (1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission; (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting state to the extent and in the manner provided in this Compact; (3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this Compact and any bylaws adopted and rules promulgated by the Compact Commission; (4) To enforce compliance with Compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including but not limited to, the use of judicial process; (5) To establish and maintain offices; (6) To purchase and maintain insurance and bonds; (7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs; (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III of this Compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same; (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed; (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed; (13) To establish a budget and make expenditures and levy dues as provided in Article X of this Compact; (14) To sue and be sued; (15) To provide for dispute resolution among compacting states; (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact; (17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission; (18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity; and (19) To establish uniform standards for the reporting, collecting, and exchanging of data.

Md. Code, Correctional Services § 6-207

Article VI. Organization and Operation of the Interstate Commission. (a) The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: (1) Establishing the fiscal year of the Interstate Commission; (2) Establishing an Executive Committee and such other committees as may be necessary; (3) Providing reasonable standards and procedures: (i) For the establishment of committees; and (ii) Governing any general or specific delegation of any authority or function of the Interstate Commission; (4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) Establishing the titles and responsibilities of the officers of the Interstate Commission; (6) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission; (7) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; (8) Providing transition rules for “start up” administration of the Compact; and (9) Establishing standards and procedures for compliance and technical assistance in carrying out the Compact. (b) Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission. (c) (1) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. (2) The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. (3) The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member. (d) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws. (e) (1) The members, officers, Executive Director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The Interstate Commission shall defend the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person. (3) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

Md. Code, Correctional Services § 6-208

Article VII. Activities of the Interstate Commission. (a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. (b) Except as otherwise provided in this Compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present. (c) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the Commissioners from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. (d) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings. (e) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. (f) (1) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act”, 5 U.S.C. Section 552b, as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to: (i) Relate solely to the Interstate Commission’s internal personnel practices and procedures; (ii) Disclose matters specifically exempted from disclosure by statute; (iii) Disclose trade secrets or commercial or financial information which is privileged or confidential; (iv) Involve accusing any person of a crime or formally censuring any person; (v) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (vi) Disclose investigatory records compiled for law enforcement purposes; (vii) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (viii) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; and (ix) Specifically relate to the Interstate Commission’s issuance of a subpoena or its participation in a civil action or proceeding. (2) For every meeting closed pursuant to this subsection, the Interstate Commission’s chief legal officer shall publicly certify that, in the chief legal officer’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes. (g) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.

Md. Code, Correctional Services § 6-209

Article VIII. Rulemaking Functions of the Interstate Commission. (a) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the Compact during the period in which it is being considered and enacted by the states. (b) Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the federal Advisory Committee Act, 5 U.S.C. App. § 1 et seq., as may be amended (hereinafter “APA”). All rules and amendments shall become binding as of the date specified in each rule or amendment. (c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compacting state. (d) When promulgating a rule, the Interstate Commission shall: (1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; (2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record. (e) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside. (f) Subjects to be addressed within 12 months after the first meeting must at a minimum include: (1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations/returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact; and (10) Mediation, arbitration, and dispute resolution. (g) The existing rules governing the operation of the previous Compact superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder. (h) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule.

Md. Code, Correctional Services § 6-210

Article IX. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission. (a) (1) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. (b) (1) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. (2) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and noncompacting states. (3) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (c) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in § 6–213(b) of this subtitle.

Md. Code, Correctional Services § 6-211

Article X. Finance. (a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. (b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

Md. Code, Correctional Services § 6-212

Article XI. Compacting States, Effective Date and Amendment. (a) Any state is eligible to become a compacting state. (b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the Compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States. (c) Amendments to the Compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Md. Code, Correctional Services § 6-213

Article XII. Withdrawal, Default, Termination, and Judicial Enforcement. (a) (1) Once effective, the Compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the Compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the Compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission. (b) (1) If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties: (i) Fines, fees, and costs in such amount as are deemed to be reasonable as fixed by the Interstate Commission; (ii) Remedial training and technical assistance as directed by the Interstate Commission; or (iii) Suspension and termination of membership in the Compact. (2) (i) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. (ii) Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council. (3) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission bylaws, or duly promulgated rules. (4) The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed therein, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the State Council of such termination. (5) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (6) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules. (c) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (d) (1) The Compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the Compact to one compacting state. (2) Upon dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

Md. Code, Correctional Services § 6-214

Article XIII. Severability and Construction. (a) The provision of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provision of the Compact shall be enforceable. (b) The provisions of this Compact shall be liberally constructed to effectuate its purposes.

Md. Code, Correctional Services § 6-215

Article XIV. Binding Effect of Compact and Other Laws. (a) (1) Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with the Compact. (2) All compacting states’ laws conflicting with this Compact are superseded to the extent of the conflict. (b) (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states. (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms. (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission action, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. (4) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026