Correctional Services (GCS) — Title 11. Local Correctional Facilities

The governing bodies of two or more counties may enter into a written agreement with each other as to allocation of responsibility, construction, operation, maintenance, and appointment of personnel in connection with a local correctional facility.

The State may be a party to an agreement under this subsection.

If a county or counties determine to construct or maintain a local correctional facility, the county or counties may apply to the Secretary for financial assistance for the construction or enlargement of the local correctional facility.

The applicant shall provide information in the form required by the Secretary, including:

Subject to the provisions of paragraph (2) of this subsection, if a county that maintains, operates, or participates in a local correctional facility provides for improvements to the local correctional facility that are required as the result of the adoption of mandatory or approved standards, the Board of Public Works shall make provision for the State to pay 50% of the costs of the construction or improvements.

The plans and costs for construction or improvements under this section shall be subject to approval by:

sentencing;

geographic distribution of incarcerated individuals; and

the rates of growth in the number of incarcerated individuals sentenced to more than 6 months but not exceeding 12 months as compared to the number similarly sentenced before January 1, 1988.

Subject to the State budget appropriation process and in accordance with this section, if a county applies for financial assistance under subsection (a) of this section and a county’s construction plan is approved by the Secretary under this section, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:

If a county’s construction plan is disapproved by the Secretary, the county may appeal to the Board of Public Works.

Subject to the State budget appropriation process, if a county applies for financial assistance under subsection (a) of this section and the Board of Public Works approves the construction plan, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:

the procedures followed by State units for requested capital projects; and

approval by the Secretary.

for a periodic review of the facilities and rehabilitation and training programs of the local correctional facility by the Maryland Commission on Correctional Standards; and

that the local correctional facility is in substantial compliance with the minimum mandatory standards described in § 8–103(a) of this article.

The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.

In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.

A managing official is responsible for the safekeeping, care, and feeding of incarcerated individuals in the custody of a local correctional facility, including an incarcerated individual who is working on the public highways or going to and from that work, until the incarcerated individual is discharged, released, or withdrawn from the local correctional facility by due course of law.

Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of incarcerated individuals.

The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by certified law enforcement officers other than the Sheriff.

The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by corrections officers or law enforcement officers other than the Sheriff.

remove the individual from the court as soon as possible; and

deliver the individual to the Division of Correction at the expense of the county.

The managing official of a local correctional facility shall provide to an incarcerated individual in the custody of the managing official:

Except as provided in §§ 11–204 and 11–205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to incarcerated individuals under paragraph (1) of this subsection.

reimburse the county, as appropriate, for the payment of medical expenses; and

provide the managing official with any information relating to:

In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual in a local correctional facility to an institutional medical unit or noninstitutional physician, dentist, or optometrist.

The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the managing official on behalf of the incarcerated individual.

The fees collected under this subsection shall be deposited in the general fund of the county.

This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:

In this section the following words have the meanings indicated.

“Health care service” has the meaning stated in § 19–132 of the Health – General Article.

“Medicaid rate” means:

the actual amount billed by the health care provider for the health care service; or

the Medicaid rate for the health care service.

A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.

The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.

before the anticipated birth, have the incarcerated individual transferred from the local correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and

return the incarcerated individual to the local correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.

there is a demonstrated need for a center; and

the county fails to provide for the location of a center after a reasonable time.

the authority granted under Subtitles 1 and 7 of this title; or

a work release program established under Subtitles 1 and 7 of this title.

With the approval of the Secretary, a county may convert a work release program established under Subtitles 1 and 7 of this title into a center that is subject to this subtitle.

The Secretary shall adopt regulations for the conversion of a work release program into a center.

siting;

physical characteristics, including design and layout;

programs and staffing;

screening procedures for placement;

accounting, reporting, and accountability; and

general program and management operations.

With the assistance and advice of the Commissioner, the Secretary shall evaluate and determine the need, if any, for one or more centers or regional centers in each county or multicounty region of the State.

In preparing an evaluation of need as provided under paragraph (1) of this subsection, the Secretary shall:

A county or the counties in a region may request a completed evaluation of need study from the Secretary.

If the Secretary determines that a center or a regional center is needed, the Secretary shall:

The determination that is certified by the Secretary as provided under paragraph (1) of this subsection shall include the present and future needs over at least a 10-year period.

If the Secretary determines and certifies that there is a present need for a center or regional center, the county or counties in a region shall promptly initiate and pursue appropriate procedures to select a suitable site for the center.

The Secretary shall cooperate with and assist the county or counties in a region in the selection of a site that will be consistent with the standards adopted under § 11-305 of this subtitle.

Before selecting a site, the governing body of a county in which a site is proposed shall hold at least one public hearing in the county.

Subject to paragraph (2) of this subsection, a county may:

A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that:

Except as provided in paragraph (2) of this subsection, if a county or the counties in a region fail to submit to the Secretary a proposed site and plans for a facility on it consistent with the standards adopted under § 11-305 of this subtitle within 18 months after the Secretary has certified the need for a center under § 11-306(c) of this subtitle, the Secretary shall declare the county or counties in default.

For good cause shown, the Secretary may extend the time allowed under paragraph (1) of this subsection for not more than 6 months.

Subject to paragraphs (2) and (3) of this subsection, if the Secretary declares a county or counties in a region in default under subsection (e) of this section, the Secretary shall recommend a site for a center or a regional center to the Board of Public Works.

The Secretary may recommend to the Board of Public Works a site for a regional center in lieu of a center that serves a single county.

The Secretary shall make a recommendation for a site:

If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section.

for a single county center, the county in which the center is located or is to be located; or

for a regional center, the counties in the region.

A county may accept and use federal funds specifically designated to finance programs or staff in excess of the minimum State standards adopted by the Secretary under § 11–305 of this subtitle.

As long as the specifically designated federal funds are used for programs or staff in excess of the minimum State standards, the State subsidy may not be reduced because of the specifically designated federal funds.

A center that is acquired, constructed, or renovated by a county as authorized under § 11-307(b) of this subtitle shall be operated by the county.

The director, staff, and other employees of the center shall be employees of the county.

A regional center that is acquired, constructed, or renovated by the counties in a region as authorized under § 11-307(c) of this subtitle shall be operated in accordance with the agreement entered into by the counties.

The director, staff, and other employees of the regional center shall be employees of one or more of the counties as provided in the agreement.

A center that is acquired, constructed, or renovated by the State on the default of a county or counties in a region under § 11-307(f) of this subtitle shall be operated by the State.

The director, staff, and other employees of the center shall be employees of the State.

the Sheriff shall appoint a center director;

the director serves at the pleasure of the Sheriff; and

the Sheriff may remove the director at any time with or without cause.

A center shall:

A center may arrange for counseling, educational, and rehabilitative programs and services by a purchase of service agreement or contract with a person or governmental unit.

To the extent practicable, a center shall utilize appropriate programs and services that exist in the community.

A center may establish, direct, and implement a prerelease program.

is a resident of:

has:

has been screened by a center staff member and approved by the center director as provided under subsection (b) of this section.

A center staff member shall screen an incarcerated individual for placement in a center.

After a review of the screening data, the center director may approve a placement based on screening standards that are established by the community advisory board, the center director, and the Commissioner.

The screening standards shall include a presentence investigation report if available and a complete record of previous convictions.

This subsection applies only to Cecil County.

The Commissioner may place an incarcerated individual in a center operated by Cecil County if the incarcerated individual:

The court may recommend that an incarcerated individual be placed in a center.

A center director may recommend to the court that an incarcerated individual in a local correctional facility be placed in a center based on locally established procedures.

If a center director makes a recommendation as provided under paragraph (1) of this subsection, the judge ordering the confinement, or, if that judge is unable to act, another judge of the court that committed the incarcerated individual may approve the placement of the incarcerated individual in a center.

The center director may make a recommendation to a court that an incarcerated individual in a center be released from custody.

The recommendation shall be based on a report of the incarcerated individual’s performance in the center.

If a center director recommends the release of an incarcerated individual, the judge who ordered the confinement, or if that judge is unable to act, another judge of the court that committed the incarcerated individual may order the release of the incarcerated individual from custody.

Subject to § 11–318 of this subtitle, the center director may revoke the participation of an incarcerated individual.

In accordance with guidelines developed under paragraph (2) of this subsection, the center director or the director’s designee may grant an incarcerated individual the privilege of leaving the confines of a center for the following purposes:

The guidelines for leave shall be developed by the county or counties that operate the center, reviewed by the community advisory board, and approved by the Secretary.

When outside the confines of a center, an incarcerated individual shall carry, at all times, a copy of the form signed by the center director or the director’s designee containing the terms and conditions governing the grant of leave.

An incarcerated individual on leave shall be deemed to be in the custody of the center to the same extent, and subject to the same supervision and control, as an incarcerated individual actually in confinement in the Division of Correction.

An incarcerated individual who escapes while on leave under this section is subject to the penalties of § 9–404 of the Criminal Law Article.

The center director or the director’s designee shall collect the earnings of an incarcerated individual, less payroll deductions required by law.

The center director or the director’s designee shall keep an accurate account of the earnings of an incarcerated individual.

From the earnings of an incarcerated individual, the center director may deduct:

essential community resources and volunteer staff for the purpose of obtaining employment, training, education, or treatment services for the incarcerated individual on release; and

an individual who agrees to sponsor the incarcerated individual in the individual’s home for authorized furloughs.

purchase or otherwise acquire real or personal property needed for a correctional farm; and

provide for the disposition or retention of existing local correctional facilities in the county.

After considering the probable income from the correctional farm property, a governing body shall prepare an annual budget of proposed expenditures for the:

A budget prepared as provided under paragraph (1) of this subsection shall be included in the county’s annual budget.

Any levy imposed for the budget prepared as provided under paragraph (1) of this subsection shall be collected as part of the county tax.

shall have full and complete jurisdiction and control over all:

may acquire by lease, purchase, or otherwise all real property, equipment, food, uniforms, clothing, books, ledgers, stationery, and other supplies necessary to carry out this subtitle.

the crops to be planted and grown on the correctional farm or real property held under lease; and

the acreage for each crop.

paid to the incarcerated individual during the incarcerated individual’s term of confinement;

withheld until the incarcerated individual’s term of confinement expires; or

paid periodically to an incarcerated individual’s dependent family.

Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.

An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.

This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.

An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, who has previously been convicted of violating § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.

This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.

does not violate the rules of discipline; and

labors with diligence and fidelity when the opportunity for labor is available.

begin on the day the incarcerated individual arrives at the local correctional facility;

be made on a prorated basis for any portion of a calendar month of presentence confinement during which the incarcerated individual is committed to the local correctional facility; and

cease on the day the incarcerated individual is:

from the first day of the incarcerated individual’s postsentence commitment to the custody of the local correctional facility to the last day of the incarcerated individual’s maximum term of confinement;

on a prorated basis for any portion of a calendar month.

exceptional industry, application, and skill in the performance of any industrial, agricultural, or administrative tasks assigned to the incarcerated individual; or

satisfactory industry, application, and progress in a vocational or other educational or training course.

begin on the first day that the task is performed or the course is taken;

be made on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the task or attended the course; and

cease on the day the incarcerated individual is:

In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of not more than 5 days from the incarcerated individual’s term of confinement for each calendar month or portion of a calendar month of presentence or postsentence confinement during which an incarcerated individual manifests satisfactory industry, application, and progress in special selected work projects or other special programs.

The deduction described in paragraph (1) of this subsection shall be calculated from the first day that an incarcerated individual is assigned a project or program.

If a judge allows an individual to continue employment or obtain new employment under paragraph (1) of this subsection, the judge shall designate either the managing official of the local correctional facility or the Division of Parole and Probation to supervise, arrange for, or obtain employment for the individual.

in the case of an incarcerated individual who has been regularly employed, shall arrange for continuation of employment without interruption to the extent possible; and

in the case of an incarcerated individual who is not employed, shall make every effort to secure suitable employment that pays a fair and reasonable wage.

require that the balance of the incarcerated individual’s sentence be served in actual confinement; and

cancel any earned diminution of the incarcerated individual’s term of confinement.

The Sheriff may:

A court may order an individual to participate in the pretrial release program if the individual:

The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

An individual is eligible for the pretrial release program if the individual:

The Sheriff’s Department may:

In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:

Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.

If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:

The Sheriff shall:

At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.

Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:

An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

While participating in the home detention program an incarcerated individual is responsible for:

The Sheriff may:

The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.

An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.

In this section the following words have the meanings indicated.

“Administrator” means the Administrator of the county’s local correctional facilities.

“Participant” means an individual who participates in a program under this section.

“Program” means, unless the context requires otherwise, a rehabilitation, home detention, pretrial release, or work program established and conducted under this section.

If a provision of this section is inconsistent with another provision in the Code, the provision of this section controls.

The privileges and penalties set forth in subsection (e)(1)(v) and (vi) of this section are the exclusive privileges and penalties that relate to the length of sentence of a participant in a program.

While released from confinement under the terms of a program, a participant is not an agent, employee, or servant of the county.

The Administrator shall:

Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:

An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

While participating in the home detention program, an incarcerated individual is responsible for:

The Administrator may:

The Administrator may determine the maximum number of participants in the home detention program.

An incarcerated individual who knowingly violates a term or condition of the home detention program is subject to:

The Administrator may:

While not released from confinement under the terms of a program, each participant shall be confined in a local correctional facility.

A participant who knowingly violates a regulation adopted under this section:

The Administrator may:

A court may order an individual to participate in the pretrial release program if the individual appears before the court after being charged and detained on bond.

The court may enter the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

At the time of sentencing or at any time during an individual’s confinement, the sentencing judge or the Administrator may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in a program established under subsection (e) of this section, provided that the individual meets the eligibility criteria established by the Administrator for participation in that program.

Subject to the eligibility criteria established by the Administrator, a judge may order that an individual participate in a program established under subsection (e) of this section.

The Administrator may not allow an individual to participate in a program established under subsection (e) of this section if a court order prohibits the individual from participating in that program.

A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation.

An individual who participates in the work program shall receive credit of at least the federal minimum wage per hour toward the fine and court costs.

The Commissioner may allow an incarcerated individual of the Baltimore City Detention Center to participate in one of the activities specified in paragraph (2) of this subsection during the period of custody if the participation:

Subject to paragraph (1) of this subsection, an incarcerated individual may:

An incarcerated individual who is employed under a work release program shall surrender to the Commissioner or Commissioner’s designee the total earnings of the incarcerated individual under the program, less payroll deductions required by law.

From the net earnings of the incarcerated individual, the Commissioner or Commissioner’s designee shall deduct in the following order of priority:

The Commissioner or Commissioner’s designee shall pay any amount deducted as required by paragraph (2)(iii) of this subsection as the court order directs.

The Commissioner or Commissioner’s designee shall:

If any part of the incarcerated individual’s final earnings under a work release program are required to satisfy the deductions specified in paragraph (2) of this subsection, the balance of the final earnings shall be forwarded to the incarcerated individual within 15 days after the date of release from the Baltimore City Detention Center.

A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation in Baltimore City.

An individual who participates in the work program shall receive a credit of at least the federal minimum wage per hour toward the fine or court costs.

In this section the following words have the meanings indicated.

“Administrator” means the Administrator of the Baltimore County detention facilities or the Administrator’s designee.

“Leave” means authorized time away from a Baltimore County detention facility.

“Participant” means an incarcerated individual in a Baltimore County detention facility who participates in a program under this section.

The Administrator may establish and administer a work release program.

If the Administrator establishes a work release program, the Administrator shall establish:

Participation in the work release program is a privilege authorized by court.

This section does not create a right to participate in the work release program or to remain in the program after the participant has been suspended or removed from the program.

the individual has applied to participate in the program; and

the Administrator has approved the application.

when the court imposes a sentence;

when the court commits an individual to the custody of a Baltimore County detention facility; or

at any time during the individual’s confinement.

The Administrator may suspend or remove a participant from the work release program:

The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the work release program.

The Administrator shall collect each participant’s total earnings, less payroll deductions.

From the participant’s earnings, the Administrator:

Any balance that remains after payments are made under paragraph (2) of this subsection:

Any balance remaining in the participant’s account when the participant is released from the detention facility shall be paid to the participant.

The Administrator may establish and administer a home detention program.

If the Administrator establishes a home detention program, the Administrator:

Participation in the home detention program is a privilege authorized by court.

This section does not create a right to participate in the home detention program or to remain in the program after the participant has been suspended or removed from the program.

the individual has applied to participate in the program;

except for a violation of the Transportation Article or other traffic law or ordinance for which a penalty of incarceration is not authorized, the individual has no other charges pending in any municipal corporation, county, or state; and

the Administrator has approved the application.

after imposing a sentence; or

at any time during the individual’s confinement.

The Administrator may suspend or remove a participant from the home detention program:

The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the home detention program.

is serving a sentence for a crime of violence; or

has been found guilty of:

At the time of sentencing or on a hearing of a motion for reconsideration of sentence, the court may sentence an individual who has been convicted of a crime to participate for a fixed period in the work release program at the Calvert County Detention Center.

After an incarcerated individual enters the work release program, the sentencing judge or, if the sentencing judge is unable to act, the judge of any court in the county may:

Subject to the directives and orders of the courts in the county, the supervisor of the county work release program shall establish and administer the work release program.

During reasonable hours, an incarcerated individual in the work release program may leave confinement to:

An incarcerated individual employed in the community under this subsection is not an agent or employee of the county, the Sheriff, any judicial officer, or any public officer of the county.

An incarcerated individual who violates a trust or a condition that the supervisor establishes for conduct and employment is subject to:

In this subsection, “Program” means the Community Services Alternative Sentencing Program.

There is a Community Services Alternative Sentencing Program in the county Department of Public Safety.

The Program shall administer community service projects for individuals who are convicted of an offense and are referred to the Program by a court.

The County Commissioners may charge a reasonable fee to individuals who participate in the Program to help defray Program expenses.

The county attorney may bring a civil action to collect any arrearage incidental to the per diem charge that remains unpaid 30 days after the individual’s discharge from the county treatment facility.

The Sheriff may:

A court may order an individual to participate in the pretrial release program if the individual:

The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

An individual is eligible for the pretrial release program if the individual:

court–ordered payments for restitution; and

the cost of the incarcerated individual’s food, lodging, and clothing.

establish the per diem rate for an incarcerated individual’s food, lodging, and clothing; and

designate an agent to collect the costs specified in this section.

The Sheriff may:

A court may order an individual to participate in the pretrial release program if the individual:

The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

An individual is eligible for the pretrial release program if the individual:

The Sheriff may:

The Sheriff’s Office may establish a work release program.

At the time of sentencing or at any time during an individual’s confinement, the court may sentence the individual to participate in the work release program if the individual:

An incarcerated individual who has been sentenced to participate in the work release program may continue regular employment or obtain new employment.

On approval of the Sheriff or Warden, an incarcerated individual who has been sentenced to the Carroll County Detention Center may leave the Detention Center to work, seek employment, obtain medical services, or participate in educational, rehabilitative, or training programs.

An incarcerated individual who has been sentenced to the Carroll County Detention Center shall be confined to the Detention Center:

An incarcerated individual who is employed under the work release program shall:

An incarcerated individual who violates a condition or provision of trust that a court, the Sheriff, or Sheriff’s designee establishes is subject to:

The Sheriff shall:

At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require an individual who is convicted of a crime and sentenced to imprisonment under the custody of the Sheriff to participate in the home detention program.

Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:

An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

While participating in the home detention program, an incarcerated individual is responsible for:

The Sheriff may:

The Sheriff may limit the number of incarcerated individuals in the home detention program.

In this section the following words have the meanings indicated.

“Sheriff” means the Sheriff of Cecil County.

“Warden” means the Warden of the Cecil County Community Corrections Center.

The Sheriff may establish programs for:

At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:

An incarcerated individual designated to participate in a program under this section may leave the Community Corrections Center to:

If an incarcerated individual violates a trust or a condition that a court or the Sheriff has established for participating in a program under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.

An incarcerated individual who violates a trust or condition that a court or the Sheriff has established for participating in a program established under this section is subject to:

court–ordered payments for restitution; and

an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to Charles County of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual.

establish the per diem rate for an incarcerated individual’s food, lodging, electronic monitoring, and clothing; and

designate an agent to collect the costs specified in this section.

Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a community service program in the county.

A court may order a person to participate in the community service program if the person:

The community service program staff shall report to the court when a person has completed or failed to complete community service in the program.

Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a pretrial release program in the county.

A court may order a person to participate in the pretrial release program if the person appears before the court after being charged with a criminal offense and detained.

Staff of the pretrial release program shall:

Supervision in the pretrial release program may include the use of electronic monitoring and drug and alcohol testing.

For each person ordered to participate in the pretrial release program under this subsection, the Board of County Commissioners and the Sheriff may enter into an agreement providing for the following services to be performed:

Staff of the pretrial release program shall immediately report to the court any violations of a person’s pretrial release.

A person who violates a condition established by the court or the program is subject to removal from the program.

community service;

home detention;

pretrial release; and

work release.

is sentenced to the custody of the warden; and

has no other charges pending in any jurisdiction.

continue regular employment; or

seek new employment.

The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.

From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount that:

The warden shall:

If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes for participation in a program under this section, the incarcerated individual is subject to:

If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.

If an incarcerated individual violates a trust or a condition that the court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.

The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:

An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) and (2) of this section.

An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the County Department of Corrections for any expenses that the Department incurs in granting the leave.

The warden shall adopt regulations necessary to carry out this subsection.

The Sheriff shall:

A court may order an individual to participate in the pretrial release program, if the individual:

The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

An individual is eligible for the pretrial release program if the individual:

The Sheriff’s Department may:

In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:

Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.

If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:

The Sheriff shall:

At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require that the individual participate in the home detention program.

An incarcerated individual is eligible for the home detention program if:

An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

The Sheriff may:

A court may order an individual to participate in the pretrial release program if the individual:

The court may make the order at the imposition of bond, on review of bond, or at any other time during the individual’s pretrial detention.

An individual is eligible for the pretrial release program if the individual:

The Sheriff’s Office may:

In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:

Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.