In this subtitle the following words have the meanings indicated. “Center” means a community adult rehabilitation center. “Commissioner” means the Commissioner of Correction. “Regional center” means a center that serves more than one county.

Except as otherwise provided in this subtitle, provisions of this subtitle that apply to a center shall also apply to a regional center.

The General Assembly finds that: there is a need for centers for the housing and rehabilitation of individuals who have been convicted of crimes but who, in the judgment of the courts and appropriate correctional personnel, can best be rehabilitated without substantial danger to the community in a local community facility; the centers should be only one component in the overall correctional system and be utilized only for individuals who can best be rehabilitated in them and who will not present a substantial danger to the community; to assure the public that the centers will be safe, the centers should, to the maximum extent practicable, be located and operated by the counties, consistent with statewide standards, and with State financial and technical support; and the State should have the authority to locate, construct, and operate a center only if: there is a demonstrated need for a center; and the county fails to provide for the location of a center after a reasonable time.

This subtitle does not affect: 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.

The regulations adopted by the Secretary under § 8-103(a) and (b) of this article shall include minimum State standards for centers. The minimum State standards for centers shall include criteria and guidelines for: 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: for a center that serves a single county, consult with the governing body of that county; or for a regional center, consult with the governing body of each county in the region. A county or the counties in a region may request a completed evaluation of need study from the Secretary. The standard to be used by the Secretary in making a determination of need is whether and to what extent, based on historic data and reasonable projections, there are and will be residents of the county or region convicted of crimes who can best be rehabilitated in community-based facilities without substantial danger to the community. If the Secretary determines that a center or a regional center is needed, the Secretary shall: for a center that serves a single county, certify the determination of need to the governing body of that county; or for a regional center, certify the determination of need to the governing body of each county in the region. 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: acquire a site or facility that is located in the county for use as a center by lease, purchase, condemnation, or other lawful manner; and construct or renovate a facility on a site acquired by the county. A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that: there is a need for the center; the proposed site and facility are appropriate; and the facility is or, on completion, will be, consistent with the standards adopted under § 11-305 of this subtitle. Subject to the requirements of and authority granted under subsection (b) of this section, counties may enter into agreements with each other and with the State for the location, acquisition, construction, and renovation of facilities for a regional center. If a county is divided into councilmanic districts or contains more than one legislative district, the county may provide by ordinance that it will not place more than one center in a councilmanic or legislative district unless there is a center in each councilmanic or legislative district in the county. 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: within 6 months of a default; and after holding a public hearing in the county in which the site is proposed. If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section. A center may not be established or expanded beyond a capacity of 108 beds without the approval of the Secretary and: 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.

Repealed. Repealed. Repealed. 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. Subject to terms and conditions approved by the Secretary, a county, the counties in a region, or the State may provide for the operation of a center by contract with a nonpublic person.

A center shall have a community advisory board. The county operating the center shall determine the advisory function, composition, and appointment of members of the community advisory board. The director of the center shall consult with and generally inform the community advisory board periodically concerning incarcerated individuals in the center.

If a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is a charter county, the director and any assistant director shall be appointed and removed by the chief executive officer of the county government with the advice of the community advisory board and the advice and consent of the Commissioner. Except as provided in subsection (e) of this section, if a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is not a charter county subject to Article XI-A of the Maryland Constitution, the director and any assistant director shall be appointed and removed by the county commissioners with the advice of the community advisory board and the advice and consent of the Commissioner. If a center is a regional center operated by agreement of the counties in the region in accordance with § 11-311(b) of this subtitle, the director and any assistant director shall be appointed and removed by the officials of the county governments in accordance with the regional agreement and with the advice of the community advisory board and the advice and consent of the Commissioner. If a center is operated by the State in accordance with § 11-311(c) of this subtitle, the director and any assistant director shall be appointed and removed by the Commissioner with the advice of the community advisory board. If a center is operated by Cecil County: 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.

Subject to applicable budgetary rules, regulations, and procedures and any applicable regional agreement, the State, a county, or a body created in accordance with a regional agreement may enter into contracts and take other appropriate actions necessary or desirable to carry out this subtitle.

A center shall: have a properly monitored work release program; and make arrangements for appropriate counseling, educational, and rehabilitative programs and services. 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. The recreational, educational, vocational, and other facilities of a center may be made available for use by the community.

Except as provided in subsection (c) of this section, the Commissioner may place an incarcerated individual in a center if the incarcerated individual: is a resident of: the county in which the center is located; or for a regional center, one of the counties in the region; has: less than 6 months remaining on a sentence; less than 6 months remaining until a determined parole date; or a sentence of 3 years or less; and 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: has been committed by the court to the custody of the Commissioner; is a legal resident of Cecil County; has: less than 6 months remaining on a sentence; less than 6 months remaining until a determined parole date; or a sentence of 3 years or less; and has been screened by a center staff member and approved by the center director in accordance with subsection (b) of this section. The court may recommend that an incarcerated individual be placed in a center.

This section applies to incarcerated individuals transferred to a center or regional center from a local correctional facility. 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. If the remaining term of confinement of the incarcerated individual exceeds 12 months, the court that committed the incarcerated individual may designate the Division of Correction as the agency of custody. The decision of the judge shall be based on a report of the center director to the judge that shows cause for revocation.

The center director shall establish the terms and conditions of the center with the advice of the community advisory board. The center director may revoke the participation of an incarcerated individual in a center if the incarcerated individual violates the terms or conditions of the center.

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: employment or seeking employment; educational programs; vocational training; community and civic activities; volunteer work; athletic competition; personal or family visits; or other similar rehabilitative activities. 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: an amount determined by the director to be the cost of providing food, lodging, and clothing to the incarcerated individual; actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in work release and rehabilitation programs; any amount required by court order or agreement of the incarcerated individual, and not otherwise deducted, for the support of dependents; and court ordered restitution payments. Except as provided in subparagraph (ii) of this paragraph, any remaining balance shall be credited to the incarcerated individual’s account and paid to the incarcerated individual on release. If approved by the director, any remaining balance may be paid to the incarcerated individual on the request of the incarcerated individual.

The center director or the director’s designee may release personal information about an incarcerated individual on a “need to know” basis to: 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. The incarcerated individual shall be informed of confidentiality requirements. The staff of the center shall request that the incarcerated individual waive, in writing, the incarcerated individual’s right of confidentiality for the purpose of implementing this section.