2016 Maryland Code
Title 6 - Parole and Probation
Subtitle 1 - Division of Parole and Probation
§ 6-121. Graduated sanction for technical violations. (Section effective October 1, 2017.)
(a) Applicability. -- This section shall apply to all individuals under the supervision of the Division.
(b) In general. --
(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) Duties of Department. -- 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) Referral for additional sanctions. -- 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.
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