Title 9. State and Local Correctional System -- Incarcerated Individuals — Subtitle 5. Incarcerated Individual Work Force

In this subtitle the following words have the meanings indicated.

“Public roads” includes highways, roads, bridges, and streets under the jurisdiction of the State or a county or municipal corporation of the State.

The county roads authority may employ on the public roads of the county male incarcerated individuals who have been sentenced to terms of imprisonment in a local correctional facility in the county who the county roads authority finds are physically able to perform the work.

On the written order of the board of county commissioners or the county executive of a county, the managing official of a local correctional facility in the county shall send, under a competent guard, the number of able–bodied incarcerated individuals who have been sentenced to terms of imprisonment in the local correctional facility that the county requires, to work on public roads of the county, including the adjacent land areas of municipal corporations in the county, or in any quarry, pit, or yard in preparing materials for use on public roads of the county.

While employing incarcerated individuals as authorized under this section, the county roads authority shall provide for the guarding, transporting, lodging, feeding, and medical care of the incarcerated individuals.

The governing body of the county shall reimburse the managing official out of the county fund for the expenses incurred in transporting the incarcerated individuals to and from the work site and in properly guarding the incarcerated individuals at the work site while at work under the direction of a county road representative and under the regulations that the managing official considers necessary for the health and safe custody of the incarcerated individuals.

The county roads authority shall reimburse the Division of Correction for all expenses incurred in guarding, transporting, and maintaining State incarcerated individuals who are furnished for work on public roads of the county at the request of the county roads authority.

The county roads authority may use money appropriated to construct county or State aid roads under its jurisdiction as necessary to maintain the incarcerated individual work force and to pay for the materials and equipment used by the incarcerated individual work force.

The State Highway Administration may apply to the Division of Correction for a State incarcerated individual work force to be used to construct and maintain State highways.

For the purpose of this section, the State Highway Administration is subject to the requirements and conditions of this subtitle that apply to a county roads authority.

The provisions of this section and §§ 9–508 through 9–514 of this subtitle do not apply to:

Each male incarcerated individual of a State or local correctional facility may be required to work on public roads in accordance with §§ 9–508 through 9–514 of this subtitle.

The Governor may require that the Commissioner of Correction certify to the Governor the number of male incarcerated individuals who are confined in correctional facilities in the Division of Correction and who are available and physically able to work on public roads of the State.

If the governing body of a county or municipal corporation desires that incarcerated individuals of a correctional facility under its jurisdiction work on public roads of the State, the governing body may certify to the Governor the number of male incarcerated individuals who are available and physically able to perform the work.

On receipt of a certification required under § 9–508 of this subtitle, the Governor may assign to the State Highway Administration as many of the incarcerated individuals certified to the Governor as the State Highway Administration can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.

The State Highway Administration shall employ the incarcerated individuals assigned by the Governor under this section.

The governing body of a county or municipal corporation may request that the Governor furnish the number of incarcerated individuals that the county or municipal corporation can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.

After the Governor has assigned incarcerated individuals to the State Highway Administration under § 9–509 of this subtitle, from the remaining incarcerated individuals certified to the Governor under § 9–508 of this subtitle, the Governor may assign the number of incarcerated individuals that the Governor considers equitable among counties and municipal corporations requesting incarcerated individuals under subsection (a) of this section.

The Division of Correction shall provide, or make arrangements that it considers to be adequate and proper to provide, for the guarding, transporting, lodging, feeding, clothing, and medical and other care of incarcerated individuals while the incarcerated individuals are working on public roads under §§ 9–508 through 9–514 of this subtitle.

The Division of Correction may adopt regulations as necessary to carry out §§ 9–508 through 9–514 of this subtitle.

For each incarcerated individual assigned to and employed by the State Highway Administration or a county or municipal corporation, respectively, under § 9–509 or § 9–511 of this subtitle, the State Highway Administration, county, or municipal corporation shall pay to the Division of Correction the daily sum agreed on with the Division of Correction for each day that the incarcerated individual is employed.

The Division of Correction may adopt regulations as necessary to govern the collection and disbursement of payments made under this section.

A county or municipal corporation to which incarcerated individuals have been assigned under § 9–510 of this subtitle may make any appropriations, assessments, and levies necessary to enable the county or municipal corporation to pay the expenses and payments authorized or required under §§ 9–508 through 9–513 of this subtitle.

The payments required to be made by the State Highway Administration under § 9–512 of this subtitle shall be paid out of the State Highway Administration’s appropriation.

The Board of County Commissioners of Carroll County may employ an incarcerated individual who is serving a term of confinement in the Carroll County Detention Center to perform any public service that Carroll County routinely provides to the citizens of the County.

The Sheriff of Carroll County, in consultation with and on the approval of the Board of County Commissioners of Carroll County, shall adopt regulations governing the incarcerated individual employment program authorized under this section, including supervision of incarcerated individuals and security of the public and the Detention Center.

For each calendar month during which an incarcerated individual shows satisfactory industry, application, and progress in special selected work projects, the incarcerated individual may be allowed a deduction of not more than 5 days of the incarcerated individual’s term of confinement.

The Board of County Commissioners of Carroll County may:

At the request of the Board of County Commissioners of Somerset County or the mayor and city council of a municipal corporation in Somerset County, the Division of Correction shall supply incarcerated individuals, if reasonably available, to work on projects to develop, improve, and maintain public areas, parks, and recreation areas in the County or municipal corporation.

The other provisions of this subtitle apply to employment of incarcerated individuals under this section.

Subject to subsection (b) of this section, at the request of another unit of State government, the Division of Correction may provide incarcerated individuals for labor on State work projects if the Division of Correction considers the placement expedient and proper.

The Division of Correction may provide incarcerated individuals for a work project only if the unit of State government that requests the incarcerated individuals agrees to the terms and conditions that the Division of Correction specifies.

After reaching an agreement with the Department of State Police regarding the custody, supervision, transportation, and subsistence of incarcerated individuals, the Division of Correction or the managing official of a local correctional facility may assign incarcerated individuals who have been sentenced to imprisonment to perform labor or provide services in and about the facilities of the Department of State Police.

An incarcerated individual who escapes while assigned to perform labor or provide services under this section is guilty of escape under § 9–404 of the Criminal Law Article.