674

LAWS OF MARYLAND

Ch. 128

(3) AS OF JANUARY 1, 1989, NO SENTENCE SHALL BE 12
MONTHS OR LESS.

(D) (1) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANING INDICATED:

(I)  "ACTUAL NUMBER OF PRISONER DAYS" MEANS THE
NUMBER OF TOTAL PRISONER DAYS SERVED BY SENTENCED PRISONERS WITH
SENTENCES OF MORE THAN 3 MONTHS AND NOT MORE THAN 12 MONTHS;

(II)  "AVERAGE NUMBER OF PRISONER DAYS" MEANS
THE AVERAGE ANNUAL NUMBER OF DAYS SERVED BY SENTENCED PRISONERS
DURING FISCAL YEARS 1984, 1985, AND 1986 WHO ARE SENTENCED FOR
MORE THAN 3 MONTHS AND NOT MORE THAN 12 MONTHS; AND

(III)  "SENTENCED PRISONERS" MEANS THOSE PERSONS
INCARCERATED IN A LOCAL DETENTION CENTER, AFTER SENTENCING TO THE
CUSTODY OF THE LOCAL DETENTION CENTER, SERVING SENTENCES OF MORE
THAN 3 MONTHS.

(2)  FOR PURPOSES OF THIS SECTION, THE STATE SHALL
REIMBURSE THE COUNTIES AND BALTIMORE CITY ACCORDING TO THE
FOLLOWING FORMULA SO THAT EACH ELIGIBLE SUBDIVISION SHALL RECEIVE
THE GREATER OF:

(I)  FOR SENTENCED PRISONERS WHO ARE SENTENCED
ON OR AFTER JANUARY 1, 1987, THE STATE SHALL REIMBURSE THE
COUNTIES AND BALTIMORE CITY FOR EACH DAY IN EXCESS OF 90 DAYS
THROUGH DAY 365 THAT SENTENCED PRISONERS ARE CONFINED IN A LOCAL
DETENTION CENTER. THE RATE OF REIMBURSEMENT SHALL BE 50 PERCENT
OF THE RATE SET FORTH IN SUBSECTION (I) OF THIS SECTION; OR

(II)  FOR FISCAL YEAR 1987 AND EACH FISCAL YEAR
THEREAFTER, THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES 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 (I) OF THIS
SECTION.

(3)  EACH YEAR, THE SECRETARY SHALL CERTIFY TO THE
STATE COMPTROLLER:

(I)  ON OR BEFORE SEPTEMBER 30, DECEMBER 31,
MARCH 31 AND JUNE 30 ONE-FOURTH OF THE AMOUNT ESTIMATED TO BE THE
AMOUNT DUE THE COUNTIES AND BALTIMORE CITY UNDER THE PROVISIONS
OF THIS SECTION.

(II)  ANY DISCREPANCY BETWEEN THE PAYMENTS MADE
AND THE ACTUAL. REQUIRED REIMBURSEMENT FOR THE PRECEDING FISCAL
YEAR SHOULD BE COMPENSATED FOR IN THE SEPTEMBER PAYMENT.

(III)  WITHIN 5 DAYS AFTER THE STATE COMPTROLLER
RECEIVES A CERTIFICATION FROM THE SECRETARY, THE STATE