Dodge maximized should dodge any maximized window, active or not.
This is something I've been thinking about ever since implementing "dodge maximized" hiding in wingpanel.
Dodging only an active maximized window is flawed in that users expect hiding so long as any window is maximized on the current viewport.
For a demonstration, see (yet again) this YouTube video, specifically 3:12~3:30, wherein a modal dialog is opened from switchboard, which is maximized.
Since the modal dialog is not an active, maximized window, the dock unhides, which is unexpected: from the user's point of view, they are still engaged in a full-screen activity, to which the modal dialog is subordinate.
One way around this would be to disregard modal dialogs, but I think it would be simpler and more what users expect to go with dodging when any window is maximized.