Modifying Home Detention/Monitoring (Pre-Trial)

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Home detention is an excellent method for accruing credit for time served prior to actual sentencing.  A separate article covers the concept of home detention in depth, and can be found on our website.  That being said, occasionally, it is necessary to change the terms of home confinement – how do you change the address of where the defendant is living?

MD Code 2-216.3 allows the Court to modify the terms of home detention.  Pretrial service, after initially vetting the defendant for including in the home monitoring program is not involved in further determinations of modification eligibility.  The monitoring company handles change requests, however, they will alter the scope and location of monitoring only with a Court order.

Ergo, to you must file a motion to amend the terms of pre-trial release.  What information is required to maximize the likelihood of success when moving the Court to modify provisions of home monitoring?  You will need three items:

  1. A letter from the defendant showing dood cause for the move itself.  Generally:  safety, termination/end of lease, or change in job location are all good reasons. 
  2. Proof that the defendant is permitted to live at the new address.  For example, a copy of a lease showing the name of the defendant.  If the defendant is living with a homeowner, and not leasing, then a letter from the owner of the property showing consent for the defendant to stay at the new address.
  3. The ID of the individual with whom the defendant will be residing, if the defendant is staying as a guest or non-paying tenant (if applicable).

The motion itself is short, and includes the three points above, reference to the code, and a proposed order.  That’s it!

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Home detention is a viable means for accruing detention time before sentencing, while allowing your client to remain at home.

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