HARRY HUGHES, Governor                                     3945

TERM "ACTUAL NUMBER OF PRISONER DAYS" MEANS THE NUMBER OF TOTAL
PRISONER DAYS SERVED BY PRISONERS WHO ARE SENTENCED DURING THE
FISCAL YEAR FOR MORE THAN 3 MONTHS AND 12 MONTHS OR LESS.

(II) 1. FOR FISCAL YEAR 1987 AND EACH FISCAL
YEAR THEREAFTER, THE SECRETARY SHALL DETERMINE FOR EACH COUNTY
AND BALTIMORE CITY THE DIFFERENCE BETWEEN THE ACTUAL NUMBER OF
PRISONER DAYS FOR THE PRIOR FISCAL YEAR AND THE AVERAGE NUMBER OF
PRISONER DAYS AND MULTIPLY THIS NUMBER OF PRISONER DAYS, IF
POSITIVE, BY 85 PERCENT OF THE RATE OF REIMBURSEMENT SET FORTH IN
SUBSECTION (G) OF THIS SECTION.

2. IF THIS AMOUNT IS GREATER THAN THE
AMOUNT OF REIMBURSEMENT PURSUANT TO PARAGRAPH (2) OF THIS
SUBSECTION, THIS AMOUNT SHALL BE REIMBURSED TO THE COUNTY OR
BALTIMORE CITY FOR THE FISCAL YEAR.

(d)  Whenever in this article or any other law reference, is
made to the sentencing or confinement of prisoners to any of the
institutions enumerated in § 689, such reference shall be
construed to mean sentencing or confinement to the jurisdiction
of the Division rather than to any particular institution or
facility of the Division.

(e)  The Commissioner of 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 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, AND PRISONERS SENTENCED TO LOCAL
DETENTION CENTERS WITH SENTENCES OF MORE THAN 3 MONTHS AND NOT
MORE THAN 18 MONTHS, the Division shall use the total actual
annual operating costs of that local facility for the previous
fiscal year divided by the total actual prisoner days of the
facility for the previous fiscal year.

(2)  The total annual actual operating costs include
all costs directly associated with or directly attributable to
the operation of the facility.

(3)  The total actual annual operating costs do not
include: