# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 13. Detention Centers and Rehabilitation Facilities.

### Article III. Alternative Community Service Program.

**Sec. 13-24. Alternative community service program; purpose.**

  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.

**Sec. 13-25. Definitions.**

  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.

**Sec. 13-26. Administration.**

  (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.

**Sec. 13-27. Fees.**

  (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.