Chapter 13. Detention Centers and Rehabilitation Facilities - Regulations

This regulation establishes the rate at which inmates of the County Department of Correction and Rehabilitation are paid as compensation for their work in essential jobs, and for their participation in designated programs. Each inmate of the Montgomery County Detention Center who is assigned to work in an essential job, or who is assigned to participate in a program specified by the Director, will be paid at the rate of two dollars ($2.00) per day, for the actual days worked or for the actual days of successful participation in a program.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation is effective 30 calendar days after the deadline for comments published in the Montgomery County Register.

This regulation establishes the process for calculating the maximum fee, the collection process and factors for reduction of the fee. The fee is a sliding scale based on income.

The weekender fee is set by the County based on the following costs incurred by the Department of Correction and Rehabilitation to provide food, lodging and clothing for an inmate:

1. Salaries for all Detention Center Staff.

2. Fringe Benefits for all Detention Center Staff.

3. Operational costs for the Detention Center (including food and clothing costs).

4. Indirect costs associated with Detention Center operations; a percentage of Detention Center salaries and benefits as set by the agreement between the County and Federal Government, and a similar percentage of costs for support from the Department of Correction and Rehabilitation's administrative office.

5. Equipment and building Depreciation.

All costs and Average Daily Population figures are based on the Approved Budget, and the fee will be recalculated each August for application in the next Fiscal Year. The total daily cost of Detention Center operations will be divided by the average daily population to achieve the per diem cost.

The offender will be sentenced by the Court to serve a set number of weekends. He/she will report to the Detention Center at least three (3) days prior to the start of the weekend sentence for an orientation and financial screening to determine the fee to be paid. The sliding scale will reflect the income levels at which fee reductions will be made. All daily fee figures will be rounded to the nearest dollar at the time of annual calculation.

WEEKENDER FEE

Fees will be collected at the time that the person enters the Detention Center. Failure to pay will be reported to the Courts for further judicial action.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

The regulation takes effect 30 calendar days after approval by the County Council.

This regulation establishes the current fee schedule governing the payment of fees by weekend prisoners at the Detention Center. The "sliding scale" fee schedule is established under the authority of Montgomery County Code, Section 13-10A, and is calculated by application of the formula established in Executive Regulation 106-92. For the current fiscal year, the minimum fee will be $5.00 and the maximum fee has been calculated as $61.00.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation is effective thirty (30) calendar days after the deadline for comments published in the Montgomery County Register.

This regulation will eliminate the fee schedule to encourage participation for the program.

Income Fee

$0,000 - 9,999 $0.00

$10,000 - 11,999 $0.00

Income Fee

$12,000 - 13,999 $0.00

$14,000 - 15,999 $0.00

$16,000 - 19,999 $0.00

$20,000 - or more $0.00

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect after it is signed by the County Executive

Except as provided below, for each visit by an inmate of the Montgomery County Detention Center, or a resident of the Montgomery County Pre-Release Center, to an institutional medical unit or noninstitutional physician, dentist, or optometrist, a fee of $4.00 shall be deducted from the inmate’s Inmate Refund Account, or from the resident’s Resident Account. No medical services will be withheld if the inmate/resident has no available funds in his or her institutional financial account when the inmate visits the institutional medical unit.

A fee will not be deducted from the inmate/resident’s institutional financial account if an inmate’s visit to an institutional medical unit or a physician, dentist, or optometrist is:

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation is effective 30 calendar days after approval by the County Council.

This regulation establishes a fee for participants in this program of ten percent (10%) of the participant’s gross earned income per month, up to a maximum of three hundred dollars ($300.00) per month.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect when the Council receives a copy of the regulation adopted by the County Executive.

This regulation will eliminate the fees to encourage greater participation:

Income Fee

$ 0,000 - $6,999 $0

$ 7,000 - $9,000 $0

$10,000 - or more $0

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect after it is signed by the County Executive..