In this subtitle the following words have the meanings indicated. “Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article. “Participating agency” means any institution, association, or governmental unit described in § 8-705(a) of this subtitle that provides work projects for a community service program.

A county may establish a community service program.

Except as otherwise provided, a court may order a juvenile who is charged with the commission of a delinquent act or a criminal defendant who has not been convicted of a crime of violence to perform community service and assign the juvenile or defendant to a particular work project: instead of payment of any fines and court costs imposed; or as a condition of: probation, whether granted under § 6-220 or § 6-225 of the Criminal Procedure Article or otherwise; a suspended sentence; a case being placed on a stet docket; or a juvenile being subject to a diversionary program.

A criminal defendant or a juvenile may be assigned to perform a work project under a community service program only if: the juvenile or defendant consents to the assignment; the juvenile or defendant is not compensated for the work performed; and in the case of a defendant, the individual has not been convicted of a crime of violence.

A nonprofit charitable institution, public association, community service association, or governmental unit may provide work projects for a community service program. A participating agency shall provide, on a written form, any information useful for assigning a juvenile or defendant to an appropriate work project, including: a description of the work project; the days of the week and the hours of each day that each work project is to be performed; special skills or physical requirements to perform the work project; and for a work project of limited duration, the date when the availability of the project expires. A participating agency shall send the form to the clerks of court.

A community service program: for adults, shall be administered either by the county or, within the county, by the Division of Parole and Probation; or for juveniles, shall be administered either by the county or, within the county, by the Department of Juvenile Services.

A county may elect to have a community service program monitored by: the Division of Parole and Probation; the Department of Juvenile Services; or the county.

A county shall pay for: local monitoring of a community service program; and supervising participants.

A county shall report to the administering unit at the times and in the manner that the administering unit determines. The administrator of each community service program shall prepare separate reports containing annual statistical data on all adults and juveniles in the program and submit: the report on adults to the Division of Parole and Probation; the report on juveniles to the Department of Juvenile Services; and both reports to the Administrative Office of the Courts.

A participating agency that requests the assignment of a community service worker: is responsible for supervising the worker who is assigned to the agency; and shall accept the assignment of the worker on the terms and conditions imposed by the court. A participating agency may report the unsuitability of a community service worker to the court. If a worker is reported to be unsuitable, the court: shall remove the worker from the project; and after considering all the facts and circumstances, may reassign the worker or take other action allowed by law. This subtitle does not limit the authority of a court to direct a juvenile or a defendant, under the supervision of the Division of Parole and Probation, the Department of Juvenile Services, or any other unit or individual as directed by the court, to make restitution to the victim of a particular crime or to perform certain services for the victim as an alternative means of restitution: as a condition of probation; as a condition of suspended sentence; or instead of any fines and court costs imposed.

This section applies only in Prince George’s County. An owner of private property may request the assignment of a community service worker to clean up and dispose of rubbish on the owner’s property as a work project under this subtitle if: the rubbish was dumped on the property without the knowledge and consent of the owner; and the owner provides a signed release of all the owner’s personal and property claims that may arise from the performance of the work project. Prince George’s County shall insure a community service worker assigned to a work project under this section to the same extent as a worker assigned to a work project provided by a participating local agency under this subtitle. If an owner has received a notice of violation from the Prince George’s County Department of Environmental Resources because of rubbish dumped without the owner’s knowledge and consent, and the owner appeals to the Board of Administrative Appeals for the County, the Board shall allow the owner to defend against the notice by asserting the liability of a third party, whose identity may be known or unknown to the owner. If the Board decides in favor of the owner, the Board shall grant the owner a reasonable amount of time to request the assignment of a community service worker under this section.