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Statutes Text

Article - Correctional Services




§11–715.

    (a)    (1)    In this section the following terms have the meanings indicated.

        (2)    “Department” means the Howard County Department of Correction.

        (3)    “Director” means the Director of the Howard County Department of Correction.

    (b)    This section applies only in Howard County.

    (c)    (1)    The Department may establish programs for:

            (i)    work release;

            (ii)    community service; and

            (iii)    pretrial services.

        (2)    A program established under this section may include an incarcerated individual’s participation in a program of employment, rehabilitation, training, education, or home detention.

        (3)    The Director may adopt regulations relating to the operation of a program established under this section.

    (d)    (1)    At the time of sentencing or at any time during an individual’s confinement, the sentencing judge if available, or otherwise the court may allow an individual to participate in a program established under this section if the individual:

            (i)    has been sentenced to the custody of the Department; and

            (ii)    has no other charges pending in any jurisdiction for a crime of violence as defined under § 14–101 of the Criminal Law Article.

        (2)    If the Department approves, an incarcerated individual in the custody of the Howard County Detention Center may leave the Center to participate in a program established under this section.

        (3)    An incarcerated individual who has been designated to participate in a program established under this section may:

            (i)    continue regular employment; or

            (ii)    obtain new employment.

        (4)    An incarcerated individual who has been sentenced to the custody of the Department shall be confined to the Howard County Detention Center:

            (i)    except as provided in this section; or

            (ii)    unless a court orders otherwise.

    (e)    An incarcerated individual who is employed while in a program established under this section shall:

        (1)    reimburse the Department by paying a fee based on:

            (i)    the Department’s estimated cost of providing food and lodging to the incarcerated individual; and

            (ii)    the estimated expenses incurred by the Department because of the incarcerated individual’s participation in the program; and

        (2)    pay to the Director court–ordered payments for restitution.

    (f)    An incarcerated individual employed in the community under this section is not an agent or employee of the county, the Director, the court or any judicial officer, or any public officer of the county.

    (g)    An incarcerated individual who violates a condition or provision of trust that the court or the Department establishes is subject to:

        (1)    removal from the program; and

        (2)    cancellation of any earned diminution of the incarcerated individual’s term of confinement.



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