Chapter 13. Detention Centers and Rehabilitation Facilities
Article I. In General.
Montgomery County, Md., Code § 13-1 (2026)
Sec. 13-1. Powers and duties generally of director of department of correction and rehabilitation.LinkCopy Citation
(a)
The director of the department of correction and rehabilitation, thereafter in this chapter referred to as the director, shall recommend to the county executive who may adopt under method (2) of section 2A-15 of this Code, all regulations of the county which pertain to the administration and operation of the department of correction and rehabilitation, not inconsistent with law, necessary to exercise the responsibilities and duties of the position.
(b)
The director or designee may in cases of emergency (fire, flood or other disaster) order the evacuation of inmates from the detention center even when such evacuation may increase the opportunity to escape; provided, that such evacuation is initiated to prevent death or serious injury to inmates.
(c)
The director is empowered to authorize the staff at the detention center to use deadly force in accordance with the departmental standard operating procedures.
(d)
The director shall be responsible for the safekeeping, care and custody of all inmates from the time they are lawfully committed to the department of correction and rehabilitation until they are lawfully discharged, released or withdrawn therefrom.
(e)
The director or designee shall have the authority to transfer custody of inmates to authorized personnel for transportation to courts, hospitals, physicians for medical consultations, dentists for dental care, police stations and other locations necessary for appointments for the health, safety and protection of the inmate and community.
(f)
The director or designee shall have the authority to designate staff members to escort selected inmates outside the detention center for employment interviews, and for participation in departmental presentations to community groups on incarceration and crime.
(g)
The director or designee shall have the authority to place an inmate sentenced to the department on compassionate leave expressly for the purpose of visiting a member of his/her immediate family who is seriously ill or for attending the funeral of a member of his/her immediate family for a period not to exceed seventy-two (72) hours.
Montgomery County, Md., Code § 13-2 (2026)
Sec. 13-2. Inmates-Work-Generally.LinkCopy Citation
(a)
In any sentence of confinement to the department of correction and rehabilitation, by the circuit or district court having criminal jurisdiction, any inmate, unless excused by the court, shall be subject to perform work during the period of imprisonment; (1) in the county detention and correctional facilities or (2) in the community in the event of disasters or emergencies or (3) on the public roads or other property of the county as may be required by the county department administrators.
(b)
The work to be performed by such inmate during a disaster or emergency may include every service necessary for the purpose of draining, grading, paving, repairing or maintaining such public streets or other public property or protecting life and property.
Montgomery County, Md., Code § 13-3 (2026)
Sec. 13-3. Housekeeping duties.LinkCopy Citation
Inmates may be directed to perform housekeeping duties inside the quarters of the correctional facilities.
Montgomery County, Md., Code § 13-4 (2026)
Sec. 13-4. Supervision.LinkCopy Citation
(a)
The work provided for in section 13-2 shall be assigned at the discretion of the director.
(b)
The work in the community during a disaster or emergency or in the public roads or other property of the county shall be performed under the direction of the chief administrative officer (CAO). The CAO may authorize appropriate county or state officials to supervise the work of inmates. The director, upon the request of the chief administrative officer or designee, is hereby authorized to release such inmate to the designated official. The inmate will be paid at the rate specified in section 13-7 for work performed.
Montgomery County, Md., Code § 13-5 (2026)
Sec. 13-5. Custody; safekeeping; refusal to perform work.LinkCopy Citation
The official supervising the inmate shall have the authority to compel such work as set out in this chapter and shall be responsible for the safekeeping and return to the detention center of such inmate to the custody of the director or designee at the end of each day's work. The day's work shall be within the discretion of the official so supervising at the time, but shall not exceed eight (8) hours. Any sentenced inmate who refuses to perform the work required shall be subject to disciplinary action or the loss of accrued good conduct time. No inmate shall be compelled to perform such work whose health is not in a condition to allow the same. The certificate of the physician from the department of correction and rehabilitation or other physician shall be sufficient to excuse such labor.
Montgomery County, Md., Code § 13-6 (2026)
Sec. 13-6. Aiding or permitting escape.LinkCopy Citation
If any officer or other person supervising any inmate connives or, by willful neglect, permits the escape of any inmate, he or she shall be charged with a misdemeanor and, upon indictment and conviction of such offense, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county detention center for not less than thirty (30) days nor more than six (6) months, and be subject to the same penalty of work, or both, in the discretion of the court.
Montgomery County, Md., Code § 13-7 (2026)
Sec. 13-7. Payment for work and program participation.LinkCopy Citation
The director of finance is authorized to pay each inmate who is assigned to work at an essential job or to participate in a program specified by the director at the rate of one dollar ($1.00) per day, or such higher rate as may be established in executive regulations adopted by the county executive under method (3) of section 2A-15 of this Code, for the actual days worked or for the actual days of successful participation in a program. The director or designee will maintain a list of essential inmate work positions and will specify the programs for which inmates will be paid. Such payment shall not be made for required housekeeping duties performed within an inmate's quarters or confinement area.
Montgomery County, Md., Code § 13-8 (2026)
Sec. 13-8. Diminution of sentence.LinkCopy Citation
An inmate sentenced or held in a pre-trial or pre-sentence status is entitled to a diminution of the period of confinement as specified by Section 3-101 of the Correrctional Services Article of the Maryland Code.
Montgomery County, Md., Code § 13-9 (2026)
Sec. 13-9. Medical care.LinkCopy Citation
Each inmate shall be given a medical examination and shall be provided access to daily medical or sick call facilities. The medical examination shall be administered to the inmate by a medical doctor or a nurse practitioner and/or a licensed physician's assistant under the direction of a medical doctor within fourteen (14) days after admission and shall include, as determined to be necessary by the physician, but not be limited to the following areas: Heart and lungs; abdominal palpation; description of obvious wounds; complete blood count; X-ray, chest, skull and others as indicated; tuberculin skin test; urinalysis, including examination for drug use; vision and hearing and any other necessary tests as may be determined by the doctor. In addition to the foregoing, a medical history shall also be taken from the inmate which may include information relating to family, education and employment, which in the discretion of the examining physician shall be determined necessary.
Montgomery County, Md., Code § 13-10 (2026)
Sec. 13-10. Destruction of property of correctional facilities or property of another.LinkCopy Citation
(a)
Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of another or of the county in the county correctional centers or on the grounds of such centers, shall be charged with a misdemeanor and, upon conviction thereof, shall be subject to making restitution for such property, to imprisonment for a period of not more than six (6) months, or to a fine of not more than one thousand dollars ($1,000.00), or to restitution, fine and imprisonment, at the discretion of the court.
(b)
Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of the county shall be charged with an institutional offense and, upon being found guilty through adjustment procedures established by the director, shall be responsible for reimbursement at a pro-rated cost for destroyed, injured, defaced or molested real or personal property of the county.
Montgomery County, Md., Code § 13-10A (2026)
Sec. 13-10A. Collection of fees from weekend prisoners.LinkCopy Citation
(a)
The County Executive may adopt a regulation under method (1) to establish standard procedures for the collection from a weekend prisoner of a reasonable fee in an amount that does not exceed the average cost of providing food, lodging, and clothing for an
inmate. The regulation may provide that the amount of the fee may be revised by regulation under method (3).
(b)
A weekend prisoner means an inmate sentenced to confinement to the Department of Correction and Rehabilitation for 48 hours or less per week.
(c)
As provided in state law, the regulation must set a maximum fee and a sliding scale of lower fees based on the income available to the prisoner.
(d)
The regulation must include:
(1)
the cost elements to be used in calculating the amount of the maximum fee;
(2)
the process and timing for revising the amount of the fee;
(3)
the factors to be considered in allowing fee reductions because of inability to pay the maximum fee; and
(4)
the procedure to collect the fee from each weekend prisoner.
Article II. Work Release/Pre-Release Programs.
Montgomery County, Md., Code § 13-11 (2026)
Sec. 13-11. Established.LinkCopy Citation
The Department of Correction and Rehabilitation must operate a work release/pre-release program as authorized by Section 11-717 of the Correctional Services Article of the Maryland Code. In this program, an inmate detained or sentenced to the Department of Correction and Rehabilitation, Maryland Department of Public Safety and Correctional Services, or Federal Bureau of Prisons may be allowed to leave the Pre-Release Center as approved by the Program Administrator to seek or work at gainful employment or attend a training program. The inmate may also participate in other rehabilitation activities, including:
(a)
intensive counseling;
(b)
academic education;
(c)
home visitation;
(d)
transitional phased release, including non-residential services; and
(e)
maximum use of other community resources or other similar rehabilitative activities as approved by the Program Administrator.
Whenever the inmate is not employed or otherwise participating in the Program, the inmate must be confined in the Pre-Release Center. However, an inmate who participates in non-residential transitional phased release must live in a private dwelling approved by the Program Administrator, under the supervision of Division staff, and must be monitored electronically.
Montgomery County, Md., Code § 13-12 (2026)
Sec. 13-12. Purpose.LinkCopy Citation
The purpose of the Program is to increase community safety and reduce crime by providing inmates with an opportunity to:
(a)
participate in employment, education, or training;
(b)
contribute to family support;
(c)
accumulate savings for use upon release, making restitution, or payment of legitimate debts;
(d)
participate in the Program's counseling services, social awareness, and educational programs;
(e)
participate in other community services and activities, such as:
(i)
a specialized alcohol treatment service;
(ii)
a drug rehabilitation program;
(iii)
private psychotherapy;
(iv)
a community adult education program;
(v)
a college course; and
(vi)
a supervised community recreational event;
(f)
acquire self-respect that flows from self-support and personal accomplishment;
(g)
participate in a transitional phased release experience intended to lead to increased personal responsibility;
(h)
provide federal and state officials with information to assist in determining the inmate’s suitability for parole;
(i)
obtain suitable housing before release; and
(j)
become a contributing member of society.
Montgomery County, Md., Code § 13-13 (2026)
Sec. 13-13. Definitions.LinkCopy Citation
Unless the context indicates otherwise, in this Article, the following words and phrases have the following meanings:
Department: The Department of Correction and Rehabilitation.
Director: The Director of the Department of Correction and Rehabilitation, or the Director’s designee.
Division: The Pre-Release and Reentry Services Division of the Department of Correction and Rehabilitation, which includes the Pre-Release Center facility and Home Confinement services.
Home Confinement services: A non-residential service in the work release/pre-release program designed to provide a transition from custody to release from custody. In this program, an inmate:
(a)
lives in a private dwelling approved by the Program Administrator;
(b)
is supervised by an electronic monitoring device and Division staff;
(c)
is employed or attends school; and
(d)
has family or sponsor involvement in home-based counseling.
Inmate: A person in the custody of the Department of Correction and Rehabilitation, Maryland Department of Public Safety and Correctional Services, or Federal Bureau of Prisons.
Pre-Release Center: A County-operated facility used to implement the work release/pre-release program.
Program Administrator: The Chief of the Pre-Release and Reentry Services Division, or the Chief’s designee.
Work release/pre-release program or Program: A pre-release treatment and reentry program intended to equip selected inmates to function successfully upon release from custody. The Program offers residential and non-residential reentry services.
Montgomery County, Md., Code § 13-14 (2026)
Sec. 13-14. Eligibility.LinkCopy Citation
The Program Administrator must evaluate an inmate’s eligibility to participate in the Program based on the following standards.
(a)
The inmate must voluntarily apply to the Program.
(b)
The inmate must be within 12 months from release or a parole hearing.
(c)
The inmate must be physically and mentally capable of performing the proposed assignments.
(d)
An inmate who is an escape risk, as determined by the Program Administrator, is not eligible to participate in the Program.
(e)
An inmate who has a pending criminal charge or a detainer for a criminal charge from another jurisdiction is not eligible to participate in the Program. However, the Program Administrator may allow an inmate with a pending criminal charge or a detainer for a criminal charge to participate in the Program if the Program Administrator finds that the resolution of the pending charge is not likely to interfere with the inmate’s continued participation in the Program.
(f)
An inmate who has been removed from the Program within the previous 24 months is not eligible to participate in the Program. However, the Program Administrator may waive this standard for eligibility if:
(i)
the purpose and effective operation of the Program will not be jeopardized; and
(ii)
the best interest of the inmate, the inmate’s family, and the public will be served.
(g)
If an inmate’s proposed employment involves handling any alcoholic beverage, drug, narcotic, firearm, ammunition, or explosive, the Program Administrator may exclude the inmate from participating in the Program if the Program Administrator decides that the employment is likely to jeopardize the inmate's safety or the safety of others.
(h)
Division staff must evaluate and screen an inmate based on the criteria identified in Section 13-15. Information obtained during the screening process is confidential.
Montgomery County, Md., Code § 13-15 (2026)
Sec. 13-15. Selection and assignment procedure.LinkCopy Citation
(a)
After receiving an application, the Program Administrator must investigate and evaluate the inmate and, based on a structured selection process, determine whether the inmate meets the standards of eligibility in Section 13-14.
(b)
The Program Administrator may give priority in selection and assignment to an inmate who demonstrates a family or financial need or other circumstances warranting participation in the Program.
(c)
The Program Administrator may give priority to an inmate who is a County resident over a nonresident.
(d)
The Program Administrator must develop a standardized method of screening individuals for the Program. The Program Administrator may consider the following factors:
(i)
the intent of the committing court;
(ii)
time in confinement;
(iii)
the offense for which the inmate was convicted;
(iv)
the inmate’s past criminal and institutional history;
(v)
availability of work and transportation;
(vi)
community needs (such as those of a family member or employer);
(vii)
the inmate’s history of alcohol or drug addiction;
(viii)
the inmate’s current institutional performance and adjustment (if applicable);
(ix)
the inmate’s need for treatment;
(x)
an evaluation of the inmate's maturity, attitude, trust, and motivation to become involved in Program opportunities; and
(xi)
any other item the Program Administrator finds appropriate.
(e)
Based on this standardized selection process and standards of eligibility, the Program Administrator must recommend to the appropriate court or correctional authority placement of an inmate in the Program. The Program Administrator has full discretion to recommend or decline to recommend an inmate. No inmate has a right to participate in the Program or in any specific component of the Program.
(f)
After receiving a report from the Program Administrator, the court or correctional authority having jurisdiction may approve or disapprove the Program Administrator's recommendation. After receiving the court’s decision, Division staff must notify the inmate of the decision.
(g)
An inmate must not be placed in the Program unless the Program Administrator finds that:
(1)
the inmate meets the eligibility standards of the Program and is suitable for the Program; and
(2)
adequate staff and facilities are available to manage the Program and supervise the inmate.
(h)
If an inmate’s application is disapproved, the inmate is not eligible to submit another application to the Program for 60 days after the disapproval.
Montgomery County, Md., Code § 13-16 (2026)
Sec. 13-16. Program rules.LinkCopy Citation
Each participant must comply with, and agree in writing to, the following rules. Each participant must:
(a)
comply with all terms, conditions, and guidelines listed in the Program Guidebook; and
(b)
acknowledge that the inmate’s failure to comply with the terms of the Program may subject the inmate to criminal penalties provided by state or federal law.
Montgomery County, Md., Code § 13-17 (2026)
Sec. 13-17. Administrative review and removal actions.LinkCopy Citation
(a)
Participation in the Program is a privilege. The Program Administrator may reclassify the inmate from the Program and transfer the inmate to secure confinement if the inmate:
(1)
does not satisfactorily complete a behavioral contract;
(2)
does not take advantage of treatment opportunities available to a Program participant;
(3)
does not participate in required Program activities; or
(4)
is otherwise unable to adjust to the work release/pre-release environment.
(5)
is charged with another crime;
(6)
receives a detainer from another jurisdiction;
(7)
asks to be transferred from the Program;
(8)
is physically or mentally unable to work or participate in Program activities for an extended period of time.
(9)
receives a pattern of poor behavioral ratings by Program staff; or
(10)
demonstrates a lack of motivation or commitment to the Program by failing to adequately perform the inmate’s Program contract.
(b)
If an inmate is transferred from the Program under this section, the Program Administrator must notify the court in writing of the circumstances of the removal.
(c)
If an inmate is transferred from the Program under subsection (a), the inmate is not eligible to reapply to the Program for 60 days after the inmate’s transfer, as provided in Sections 13-14 and 13-15.
Montgomery County, Md., Code § 13-18 (2026)
Sec. 13-18. Disciplinary and revocation measures.LinkCopy Citation
(a)
Division staff may use counseling when appropriate for improper conduct.
(b)
The Program Administrator may:
(1)
restrict or remove privileges in the Pre-Release Center for not more than 30 days for any breach of discipline or violation of Division rules;
(2)
suspend the inmate from the Pre-Release Center for not more than 14 successive days for any breach of discipline or violation of Division rules; or
(3)
if an inmate is participating in Home Confinement services, place the inmate at the Pre-Release Center, restrict or remove privileges, or return the inmate to the appropriate security facility.
(c)
If an inmate commits a serious violation of a rule or regulation identified in the Program Guidebook or Section 13-16, or performs unsatisfactorily in the Program, the Program Administrator may immediately remove the inmate from the Pre-Release Center or return the inmate to the appropriate security facility. The Program Administrator must forward a full report to the court stating the circumstances and reasons for revocation. The judge of the committing court may, on the basis of the revocation action, redesignate the State Department of Public Safety and Correctional Services as the agency of custody for the remaining term of the inmate's confinement, under Section 11-717 of the Correctional Services Article of the Maryland Code.
(d)
The Program Administrator may revoke an inmate’s participation in the Program if the inmate makes a false statement on the application or during the screening process. If the Program Administrator revokes an inmate’s participation in the Program, the inmate must be removed from the Program and is not eligible to reapply to the Program for 60 days, as provided in Sections 13-14 and 13-15. An inmate in the custody of the State Department of Public Safety and Correctional Services or Federal Bureau of Prisons is subject to any time limit in the applicable state or federal law.
Montgomery County, Md., Code § 13-19 (2026)
Sec. 13-19. Disposition of inmate funds and earnings.LinkCopy Citation
(a)
The Director may establish and maintain inmate personnel and financial records and require written reports from the inmate as necessary to administer the Program.
(b)
The Director is authorized to receive, deposit, and disburse the funds and earnings of each inmate in accordance with regulations established by the Director.
(c)
The Director may deduct the following from an inmate’s earnings:
(1)
all or part of the cost to the County to provide an inmate with food, lodging, and clothing;
(2)
actual and necessary food, travel, and other expenses incidental to the inmate’s participation in the Program;
(3)
any amount the inmate is legally obligated or desires to pay to support a dependent;
(4)
a reasonable amount to repay the State or County for an attorney appointed by the court, if applicable; and
(5)
a court-ordered payment for restitution.
(d)
The Director must apply any remaining balance, less deductions identified in subsection (c), to the inmate’s account and must dispose of the funds as the inmate requests and the Director approves.
(e)
Inmate funds must be accounted for as prescribed by the Director of the Department of Finance. The Department of Finance must conduct a yearly audit of inmate funds and submit a written report to the Director of the Department of Correction and Rehabilitation.
(f)
The Director must set, by method (3) regulation, a reasonable fee for the cost of electronic and staff supervision. The Director may collect the fee from participants in the non-residential component of the Program. If the Director finds that a participant cannot afford to pay the fee, the Director may wholly or partially exempt the inmate from paying the fee.
Montgomery County, Md., Code § 13-20 (2026)
Sec. 13-20. Graduated release.LinkCopy Citation
The Director must cooperate with federal, state, or other County correctional officials to develop a system of graduated release for County residents who are within 12 months of release or a parole hearing date and who are returning to the County after serving a period of their confinement in a correctional institution. After approval by an appropriate court or other agency having jurisdiction, the Director may place a qualified inmate in the Program; however, any inmate transferred from another correctional agency to the Department must meet the eligibility standards specified in Section 13-14 and be subject to all rules, regulations, and guidelines of the Program. Under Section 11-717 of the Correctional Services Article of the Maryland Code the Director may negotiate a contract each year with the State Department of Public Safety and Correctional Services for state reimbursement on a per diem basis to the County for providing community correctional services to state inmates.
Montgomery County, Md., Code § 13-21 (2026)
Sec. 13-21. Court directed early release.LinkCopy Citation
Under Section 11-717 of the Correctional Services Article of the Maryland Code after the inmate enters the Program, the judge ordering the confinement or, if the judge is unable to act, any other judge of the committing court, may order the release of the inmate from custody based on the Program Administrator's recommendation and report of the inmate’s performance in the Program.
Montgomery County, Md., Code § 13-22 (2026)
Sec. 13-22. Conditional parole and probation cases.LinkCopy Citation
(a)
In lieu of pursuing a parole violation, state or federal parole authorities may require a parolee to participate in the Program for residential treatment as a condition of continued parole. The Program Administrator may screen and accept a parolee who meets Program criteria.
(b)
In specific cases, the federal court may require a probationer to participate in the Program for residential treatment as a condition of probation. The Program Administrator may screen and accept a probationer who meets Program criteria.
(c)
The Program Administrator must take appropriate steps to determine that the parolee and/or probationer is a resident of the Washington Metropolitan Area and meets the eligibility criteria in Section 13-14. The parolee's or probationer's participation in the Program must not exceed six 12 months. The parolee or probationer must be subject to the rules and guidelines of the Pre-Release Center. If the Program Administrator finds that the parolee or probationer should be withdrawn from the Pre-Release Center because of improper conduct or other appropriate reasons, the Program Administrator must release the parolee or probationer to the parole or probation agent and provide the agent a report of the individual's performance and conduct while at the Pre-Release Center.
(d)
The County may negotiate a contract each year with federal and state adult parole and probation authorities for reimbursement on a per diem basis to the County for providing community correctional services to a parolee or probationer.
Montgomery County, Md., Code § 13-23 (2026)
Sec. 13-23. Confidentiality.LinkCopy Citation
The Program administrator may require an inmate who participates in the Program to agree in writing to waive any right of confidentiality and authorize the Program Administrator to release relevant personal information, except for psychological information:
(a)
to essential community resources and volunteer staff to obtain employment, training, education, and treatment for the inmate; or
(b)
to an individual who agrees to sponsor the inmate in the individual’s home for home confinement, an authorized visit, or a furlough.
Article III. Alternative Community Service Program.
Montgomery County, Md., Code § 13-24 (2026)
Sec. 13-24. Alternative community service program; purpose.LinkCopy Citation
The purpose of the alternative community service program is to provide for certain adult and juvenile offenders the privilege of participating in a productive, voluntary community work experience with a public or nonprofit agency, or both, before and as an alternative to trial or adjudication in criminal or juvenile court proceedings.
Montgomery County, Md., Code § 13-25 (2026)
Sec. 13-25. Definitions.LinkCopy Citation
In this article, the following words have the meanings indicated:
(1)
Director means the director of the department of correction and rehabilitation.
(2)
Program means the alternative community service program.
Montgomery County, Md., Code § 13-26 (2026)
Sec. 13-26. Administration.LinkCopy Citation
(a)
The director must:
(1)
Establish and administer the activities necessary to carry out the purpose of this article;
(2)
Provide information and guidance to participating public and nonprofit agencies;
(3)
Maintain effective liaison and consultation with relevant criminal justice agencies and departments;
(4)
Establish criteria for participation in the program;
(5)
Maintain final authority over the eligibility of all participants;
(6)
Establish the conditions and requirements for participation in the program;
(7)
Adopt regulations under method (2) of section 2A-15 of this Code necessary to administer this article; and
(8)
Perform any other related duties as may be required.
(b)
The criteria used to determine participation in the program may include:
(1)
The participant's prior criminal history and juvenile court dispositions;
(2)
The crimes or delinquent acts for which the participant is currently charged;
(3)
Whether the participant is currently on probation in another case;
(4)
The existence of any other pending criminal or juvenile court cases in which the participant is a party;
(5)
Whether the participant was previously enrolled in the program;
(6)
Age of the participant;
(7)
Whether the participant is believed to be a danger to the participant or the community.
(c)
The director may:
(1)
Establish a citizen advisory board and consult with the board on a periodic basis; and
(2)
Accept participants into the program for other lawful reasons.
(d)
Upon successful completion of the program requirements, the program administrator must provide the necessary information to the court, the office of the state's attorney, and the relevant juvenile and criminal justice agencies and departments.
(e)
It is not the intent of this article to interfere with the authority of the office of the state's attorney to prosecute or dispose of any criminal or juvenile court case.
Montgomery County, Md., Code § 13-27 (2026)
Sec. 13-27. Fees.LinkCopy Citation
(a)
The director may, by regulation adopted under method (3) of section 2A-15 of this Code, impose fees on participants in the program. Fees must not exceed the reasonable cost of administering the program, service, or activity.
(b)
The director may waive a participant's fee if:
(1)
The director believes that a waiver would promote the purpose of the program; and
(2)
The participant cannot afford the fee.