3946

VETOES

(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;

(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 releases; 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.

(5) WHEN PROVIDING REIMBURSEMENT PURSUANT TO
SUBSECTION (C) OF THIS SECTION TO A COUNTY OR BALTIMORE CITY FOR
PRISONERS TO BE HOUSED IN A NEW FACILITY THAT HAS NOT REPLACED
EARLIER EXISTING FACILITIES, FOR PURPOSES OF CALCULATING
REIMBURSEMENT THE COMMISSIONER OF CORRECTION, AT HIS DISCRETION,
MAY SELECT AS THE PREVIOUS FISCAL YEAR'S ACTUAL ANNUAL OPERATING
COST EITHER THE BUDGETED COST OF OPERATION OF THE NEW FACILITY
FOR ITS FIRST FULL YEAR OF OPERATION, OR THE ACTUAL ANNUAL
OPERATING COST FOR THE PREVIOUS FISCAL YEAR OF THE EXISTING LOCAL
DETENTION CENTER IN THAT COUNTY OR BALTIMORE CITY.

(H) IF THE CONFINEMENT OF PRISONERS SENTENCED UNDER
SUBSECTION (C) OF THIS SECTION IN A LOCAL DETENTION CENTER,
INCLUDING A LOCAL JAIL, OF A COUNTY OR BALTIMORE CITY WOULD CAUSE
THE RATED PRISONER CAPACITY OF THE DETENTION CENTER TO BE
EXCEEDED, THE PRISONERS SHALL BE IN THE CUSTODY OF THE
COMMISSIONER OF CORRECTIONS UNTIL THE COUNTY OR BALTIMORE CITY
HAS COMPLETED CONSTRUCTION OR ENLARGEMENT OF ITS DETENTION
FACILITIES UNDER § 705 OF THIS ARTICLE TO ACCOMMODATE THE
ADDITIONAL PRISONERS, OR UNTIL THE COMPLETION OF THEIR SENTENCE,
WHICHEVER COMES FIRST.

[Regional] LOCAL Detention Centers

705.

A. 1. A [regional] LOCAL detention center [is] MEANS a
facility operated by one or more counties for the purpose of
detention and confinement AND INCLUDES ALL JAILS WITHIN THE STATE
OF MARYLAND.

[2. The terms "county" or "counties" shall include
Baltimore City in all places used herein.]