Maryland § 5-202
Full text of Maryland Maryland Code § 5-202, with citation guidance and answers to common questions.
§ 5-202.
(a) With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.
(b) The Commissioner serves at the pleasure of the Secretary.
(c) 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 incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual 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 incarcerated individual held in the custody of the Division;
(7) may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and
(8) may enter other agreements necessary to carry out the purposes of this title.
(d) (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release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by: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.
Frequently Asked Questions About Maryland § 5-202
What does Maryland Code § 5-202 cover?
Section 5-202 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 5-202?
A common citation format is "Maryland Code § 5-202" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 5-202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.