Except as provided in § 11-102.1 of this subtitle, this subtitle does not apply to Baltimore City.

The governing body of one or more counties may establish and maintain a local correctional facility. 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.

A municipal corporation or Baltimore City may not establish a local correctional facility outside its corporate limits unless it has obtained approval from the governing body of the county in which the local correctional facility is proposed to be established.

The managing official of a local correctional facility is responsible for the safekeeping and care of each incarcerated individual or other individual detained in or sentenced to the local correctional facility from the time the incarcerated individual or individual is lawfully detained in or committed to the local correctional facility until discharged, released, or withdrawn under a court order or other lawful authority. Except when an incarcerated individual or other individual is lawfully assigned to a local correctional facility operated by more than one county, this section does not affect the powers and duties of the sheriff of a county with respect to the safekeeping and custody of an incarcerated individual or other individual.

This section applies except as provided in § 11-105 of this subtitle. 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: the program and plans for construction; and the rehabilitation and training programs to be instituted. If the Secretary approves a construction plan under this section, the State shall pay the same share as that provided for jail construction or rehabilitation. The Secretary may receive a grant of funds from the federal government or any other public or private foundation or agency for the purposes designated in this section. 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: the Secretary; the Division of Correction; the Department of General Services; and the Department of Budget and Management.

If the Secretary determines that the anticipated confinement of incarcerated individuals who are serving sentences of more than 6 months but not exceeding 12 months in a county’s local correctional facility would exceed the capacity of the local correctional facility, a county may apply to the Secretary for financial assistance for the construction of a new or enlarged existing local correctional facility. For the purpose of anticipating incarcerated individual confinement under subsection (a) of this section, the Secretary annually shall review and study each county’s local correctional facility population in conjunction with data relevant to patterns of: 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: a new local correctional facility; or enlargement of an existing local correctional facility. 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: a new local correctional facility; or enlargement of an existing local correctional facility. The plans and costs for construction or enlargement of a local correctional facility by a county under this section are subject to: the procedures followed by State units for requested capital projects; and approval by the Secretary.

On approving local correctional facility plans that require State financial assistance, the Secretary shall enter into a written contract with the county or counties involved setting forth the rights, powers, duties, and responsibilities of all parties. The contract may provide for the housing and rehabilitation in a local correctional facility of incarcerated individuals sentenced to State correctional facilities under conditions agreed on by all parties. The Secretary may not approve a contract unless the contract provides: 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. In the absence of any contract, court order, or consent decree, incarcerated individuals sentenced to the jurisdiction of the Division of Correction may not be housed in a local correctional facility for more than 30 days while awaiting transfer to the Division of Correction.

An agreement, contract, or other instrument approved by the Secretary shall be subject to the approval of the Board of Public Works before final execution.