Sec. 12.13.03.03. Eligibility to Accrue Earned Compliance Credits

A. Eligibility is a threshold determination which means that a supervised individual is permitted by law to receive ECC.

B. Eligibility to earn ECC is not a guarantee that a supervised individual will receive ECC.

C. Automated Eligibility Determination.

(1) The Department shall automate eligibility for ECC.

(2) Unless an individual is determined to be ineligible under §D of this regulation, ECC shall be automatically awarded.

D. Review of Eligibility Determination.

(1) If an agent or monitor has reason to question the automated eligibility determination that an individual under the supervision of the Division is eligible or ineligible to earn ECC, the agent or monitor shall:

(a) Document the concern in writing;

(b) Manually verify the individual’s eligibility; and

(c) Consult with a supervisor.

(2) If an individual under the supervision of the Division has reason to question the automated eligibility determination, the individual may provide documentation supporting eligibility to the agent or monitor to be evaluated under §D(1) of this regulation.

(3) A supervisor who is provided information by an agent or monitor under §D(1) or (2) of this regulation shall review the material and consult with the appropriate authority to determine whether the affected individual has been improperly categorized in OCMS as eligible or ineligible for ECC.

(4) A supervisor, upon determining that an individual under the supervision of the Division is ineligible to earn ECC, shall:

(a) Document the findings and reason for ineligibility; and

(b) Notify the individual in writing of the:

(i) Determination of ineligibility to earn ECC; and

(ii) Reason or reasons for the determination of ineligibility.

(5) A supervisor, upon determining that an individual under the supervision of the Division is eligible to earn ECC, shall:

(a) Document the findings and reason for eligibility; and

(b) Notify the supervised individual in writing of the:

(i) Determination of eligibility to earn ECC; and

(ii) Reason or reasons for the determination of eligibility.

E. If the supervised individual participates in a problem solving court established under Md. Rule 16-207, an agent or monitor in conjunction with the Court shall determine if the supervised individual’s enrollment requires the supervised individual to waive abatement as described in Regulation .06D of this chapter.