HARRY HUGHES, Governor                               3569

mean sentencing or confinement to the jurisdiction of the
[Department] DIVISION rather than to any particular
institution or facility of the [Department] DIVISION.

(e)  The Commissioner of [ Correctional Services]
CORRECTION may transfer minimum security inmates to county
or Baltimore City detention facilities for participation in
community-oriented correctional programs, by mutual
agreement with Baltimore City or the counties involved.

(f)  The Commissioner of [ Correctional Services]
CORRECTION may accept transfer of inmates or pretrial
defendants from a county or Baltimore City detention
facility if such person to be transferred requires
specialized treatment of behavior or medical problems, or
requires maximum security detention, and the county or
Baltimore City facility is not equipped to properly provide
the necessary treatment or detention.

(G) (1) WHEN FORMULATING AN AGREEMENT FOR
REIMBURSEMENT OF A COUNTY OR BALTIMORE CITY FOR THE
CONFINEMENT OF PRISONERS IN LOCAL FACILITIES WHO HAVE BEEN
SENTENCED TO THE JURISDICTION OF THE DIVISION OF CORRECTION,
THE DIVISION SHALL CONSIDER INCLUDE THE TOTAL ANNUAL
OPERATING BUDGET OF THAT LOCAL FACILITY DIVIDED BY THE TOTAL
PROJECTED ACTUAL PRISONER DAYS PER YEAR FOR THE PREVIOUS
FISCAL YEAR AND USED TO COMPUTE THE TOTAL ANNUAL OPERATING
BUDGET FOR THE PREVIOUS FISCAL YEAR OF THE FACILITY.

(2)  THE TOTAL ANNUAL OPERATING BUDGET INCLUDES
ALL COSTS DIRECTLY ASSOCIATED WITH OR DIRECTLY ATTRIBUTABLE
TO THE OPERATION OF THE FACILITY.

(3)  THE TOTAL ANNUAL OPERATING BUDGET DOES NOT
INCLUDE:

(I)  OVERHEAD COSTS ALLOCATED FROM OTHER
AGENCIES OR INSTITUTIONS;

(II)  DEBT SERVICE RELATED TO THE FACILITY
WHICH WAS NOT INITIATED WHOLLY OR IN PART FOR THE SPECIFIC
PURPOSE OF ACCOMMODATING STATE PRISONERS; AND

(III)  INCOME TO THE INSTITUTION FROM STATE
(OTHER THAN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES) AND FEDERAL SOURCES, AND FROM INMATE
CONTRIBUTIONS, SUCH AS ROOM AND BOARD PAYMENT FROM WORK
RELEASEES.; AND

(IV)  COST FOR SERVICES OR PROGRAMS WHICH
ARE NOT PROVIDED AT STATE CORRECTIONAL FACILITIES.

(4)  WHEN PROVIDING REIMBURSEMENT FOR THE HOUSING
OF STATE-SENTENCED PRISONERS, THE DIVISION OF CORRECTION MAY
NOT REIMBURSE FOR THE FIRST DAY OF CONFINEMENT BUT SHALL PAY
FOR EACH DAY THEREAFTER, INCLUDING THE DAY OF RELEASE.