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Statutes Text

Article - Correctional Services




§11–720.

    (a)    This section applies only in St. Mary’s County.

    (b)    (1)    The Sheriff may establish:

            (i)    a home detention program;

            (ii)    a work release program;

            (iii)    a pretrial release program; and

            (iv)    a prerelease program.

        (2)    (i)    If the Sheriff establishes a program under this section, the Sheriff shall adopt regulations necessary to implement each program established.

            (ii)    If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that incarcerated individual.

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

            (i)    is sentenced to the custody of the Sheriff; and

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

        (2)    An incarcerated individual who is participating in any program established under this section and who is sentenced to the St. Mary’s County Detention and Rehabilitation Center may leave the detention center to:

            (i)    continue regular employment;

            (ii)    seek new employment;

            (iii)    attend any court–ordered treatment appointments;

            (iv)    receive intensive counseling;

            (v)    obtain academic education; or

            (vi)    maximize use of other community resources or other similar rehabilitative activities.

    (d)    (1)    The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual participating in a program established under this section, less any payroll deduction required by law.

        (2)    From the earnings of the incarcerated individual, the Sheriff may deduct:

            (i)    the amount determined to be the cost to the county of providing food, lodging, clothing, and transportation for the incarcerated individual;

            (ii)    actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;

            (iii)    an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent;

            (iv)    if applicable, a reasonable amount to repay the State or the county for an attorney appointed by the court; and

            (v)    court–ordered payments for restitution.

        (3)    The Sheriff shall:

            (i)    credit to the incarcerated individual’s account any remaining balance; and

            (ii)    dispose of the balance in the incarcerated individual’s account as the incarcerated individual requests and the Sheriff approves.

    (e)    (1)    If an incarcerated individual violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.

        (2)    An incarcerated individual who violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section is subject to:

            (i)    removal from the program; and

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



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