Collection of Fees From Weekend Prisoners - Regulations

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.