§ 5-202. Commissioner

   (a) Appointment. -- With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.

(b) Tenure. -- The Commissioner serves at the pleasure of the Secretary.

(c) Powers and duties. -- The Commissioner:

   (1) has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;

   (2) shall keep safely any inmate committed or transferred to the custody of the Commissioner until the inmate is discharged in accordance with law;

   (3) is in charge of the Division, subject to the authority of the Secretary;

   (4) is the appointing authority for all employees of the Division;

   (5) shall establish a home detention program under terms and conditions that the Secretary provides;

   (6) may enter agreements with the Commissioner of Correction and governmental units for the housing of any inmate held in the Baltimore City Detention Center;

   (7) may enter agreements for the housing of any inmate committed to federal or local governmental units in the Baltimore City Detention Center; and

   (8) may enter other agreements necessary to carry out the purposes of this title.

(d) Home detention program. --

   (1) Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.

   (2) The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:

      (i) a regulation of the Division or Department; or

      (ii) the Division or the Commissioner.

HISTORY: An. Code 1957, art. 41, § 4-1404; 1999, ch. 54, § 2.