Md. Code Regs. 12.11.10.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.11.10.09 - Standards of Operation

A. Within 6 months of initial licensing, the licensee shall have and enforce the following written policies and procedures:

(1) A written policy and procedure governing the orientation of a monitored individual before the activation of monitoring equipment, which shall include instructions regarding the following:

(a) Equipment use and care,

(b) Expectations for others at the approved location,

(c) Rules and regulations of the monitoring agency,

(d) Internal complaint process,

(e) Access to case records by the monitored individual, attorneys, and the court,

(f) Emergency situations,

(g) A change in the monitored individual's schedule,

(h) The process for the termination of monitoring, and

(i) Notification that a violation of the home detention order or agreement may be considered an escape and subject to prosecution and imprisonment, which includes the requirement that the monitored individual sign an acknowledgement of this notification;

(2) A written policy and procedure governing the enrollment of a newly received individual in the monitoring agency, which includes provisions for the following:

(a) Verification of a legal document noting the conditions and stipulations ordered by the court,

(b) A system of identification of the monitored individual,

(c) Collection of personal data pertaining to the monitored individual,

(d) Approval by the leaseholder or owner of the approved location,

(e) Approval by the owner of the required telephone service,

(f) Verification of the monitored individual's approved location,

(g) Notification to the court that the monitored individual is enrolled in the monitoring agency's program, specifying the type of electronic monitoring to be used, and

(h) Installation of appropriate electronic monitoring equipment on the monitored individual or at the monitored individual's approved location, or both, if required;

(3) A written policy and procedure for establishing the monitored individual's schedule as ordered or permitted by the court, including, but not limited to:

(a) Establishment of the initial schedule signed and dated by the monitored individual and the monitor who prepared it,

(b) Modification of the schedule to allow for court-approved activities,

(c) A temporary court-approved change, initialed by the monitor making the change, and

(d) Review of the schedule with the monitored individual at least monthly, signed and dated by the monitored individual and the monitor;

(4) A written policy and procedure governing fees, including:

(a) Establishing the fee to be charged to a monitored individual,

(b) Collection of fees,

(c) Action to be taken against a monitored individual who is in arrears, and

(d) Recording of fee payments received;

(5) A written policy and procedure governing the monitoring of an individual which includes provisions for the following:

(a) Enough monitors on duty so that the number of individuals being monitored does not pose a threat to public safety, but not less than one monitor on duty and one on call and available 24 hours a day, 7 days a week,

(b) Drug or alcohol testing, or both, of a monitored individual as ordered by the court,

(c) In-person contact by a monitor as ordered by the court, but not less than monthly,

(d) Circumstances for a monitor's visit to the monitored individual's approved location,

(e) Verification of the monitored individual's attendance at, and status of, employment or a court-ordered activity, or both, and

(f) Immediate notification to the local law enforcement agency, and next working day notification to the court that ordered home detention, the State's attorney and the supervising probation agent, if applicable, when a monitored individual is determined to have escaped;

(6) A written policy and procedure for the verification of the monitored individual's participation in court-ordered work and other community activities, including provisions for:

(a) Documentation of scheduled activities, which shall be provided not less than every other week, and

(b) Documentation of unscheduled activities, which shall be provided as soon as possible, but not later than the next working day;

(7) A written policy and procedure on the transportation of a monitored individual by a monitor in a vehicle that is properly licensed and insured for that purpose, or a policy prohibiting a monitor from transporting a monitored individual;

(8) A written policy and procedure governing the termination of monitoring an individual, which includes provisions for:

(a) Verification of identity,

(b) Authorization to discharge the monitored individual, and

(c) Notification to the court and to affected agencies and individuals as required by law or ordered by the court;

(9) A written policy and procedure for documented action by a monitor, when the monitored individual is unaccounted for:

(a) Less than 2 hours,

(b) More than 2 hours but less than 24, and

(c) 24 hours or more to include written notification to the appropriate authority as required by Business Occupations and Professions Article, § 20-401(c), Annotated Code of Maryland;

(10) A written policy and procedure that includes provisions for a backup source of power, the resumption of monitoring, and notification to the appropriate authority, detailing plans for the following emergencies at the monitored individual's approved location:

(a) Power outage,

(b) Loss of telephone service,

(c) Fire,

(d) Flood,

(e) Malfunction of equipment, and

(f) Other emergencies;

(11) A written policy and procedure detailing contingency plans for the monitoring agency's operation, which includes provisions for:

(a) Power outage or loss of telephone service,

(b) Death, serious illness, incapacitation, or personal emergency of a monitor,

(c) Financial hardship or insolvency of the monitoring agency,

(d) Movement of monitoring equipment or the transfer of monitoring services if the monitoring agency's office becomes unusable,

(e) Prompt notification to the government agency responsible for supervising the monitored individual, and

(f) Prompt notification to the court that ordered the monitoring;

(12) A written policy prohibiting discrimination against a monitored individual with regard to programs, services, or activities on the basis of the following:

(a) Race,

(b) Religion,

(c) National origin,

(d) Gender, or

(e) Disability;

(13) A written policy and procedure ensuring that reasonable accommodations are made for an individual with a disability;

(14) A written policy and procedure ensuring that, at orientation and before monitoring starts, a monitored individual is given written information describing the program and the expectations for a monitored individual;

(15) A written policy prohibiting a monitored individual from supervising, monitoring, controlling, or exerting or assuming authority over another monitored individual;

(16) A written policy ensuring the right of a monitored individual to choose a monitoring agency unless otherwise ordered by the court;

(17) A written policy and procedure ensuring access by a monitored individual to information pertaining to the individual's monitoring if the individual is referred to the court for a program violation;

(18) A written policy and procedure ensuring that a monitored individual does not have unauthorized access to files, computers, and computer records of the monitoring agency;

(19) A written policy and procedure ensuring the confidentiality of, and methods of authorized access to, a case record by the monitored individual, a person in interest, and an individual or agency making a formal request, which includes provisions for:

(a) Identification of an individual authorized to approve access,

(b) Designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations,

(c) A form used by a monitored individual for consenting to the release of information, and

(d) A record of access decisions;

(20) A written policy and procedure establishing a case record for a monitored individual, which includes provisions for:

(a) Secure storage in a manner which prevents unauthorized access by a monitored individual,

(b) Specification of file content and order,

(c) A signature and date on documents and entries,

(d) Daily back-up of, and date and author's identity on, electronic documents, and

(e) Establishment of a records retention schedule with documentation of dispositions;

(21) A written policy and procedure ensuring the maintenance of payment records showing receipts of payments of fees;

(22) A written policy and procedure ensuring that electronic or paper records of the monitoring of a monitored individual are available:

(a) To an appropriate authority as soon as possible, but in not more than 2 working days,

(b) For at least 3 years after the monitored individual completes the monitoring program or until the next audit by the Maryland Commission on Correctional Standards, whichever is later;

(23) A written policy and procedure providing for the retention of a monitored individual's case record for not less than 3 years after the completion of monitoring services;

(24) A written policy and procedure ensuring that the monitoring agency office is secure when not occupied;

(25) A written policy and procedure governing the availability, control, accountability, storage, and use of electronic monitoring equipment, which includes provisions for:

(a) Secure storage, making equipment inaccessible to a monitored individual,

(b) Visual inspection, not less than once per month, of equipment worn by the monitored individual to determine its condition,

(c) A master listing and inventory,

(d) Availability of at least one complete backup unit for every 25 units in use,

(e) Responses to system malfunctions,

(f) Restricted password access to authorized staff of base station hardware, and

(g) Maintenance and cleaning of equipment;

(26) A written policy and procedure ensuring that an agreement with a contractor for monitoring services includes provisions for compliance with this chapter;

(27) A written policy and procedure prohibiting certain relationships with a monitored individual, including, but not limited to, the following:

(a) A monitoring agency or employee associating with an individual monitored by that agency, except in a professional relationship that will support the goals of the program,

(b) A monitoring agency or employee entering into another business relationship with a monitored individual or monitored individual's family during the monitoring,

(c) A monitoring agency or employee employing a monitored individual for at least 1 year after the termination of the monitoring, and

(d) A monitoring agency or employee engaging in criminal conduct or violating these standards; and

(28) A written policy and procedure ensuring that a monitoring agency or employee maintains confidentiality of records and information regarding a monitored individual.

B. The licensee shall conduct an annual review of policies and procedures and orientation materials and ensure their availability to staff.

Md. Code Regs. 12.11.10.09

Regulations .09 adopted as an emergency provision effective June 29, 1999 (26:16 Md. R. 1239); emergency status extended at 27:1 Md. R. 73; emergency status expired June 30, 2000 (Emergency provisions are temporary and not printed in COMAR)
Regulations .09 adopted effective August 7, 2000 (27:15 Md. R. 1401)