HARRY HUGHES, Governor

675

COMPTROLLER SHALL DRAW A WARRANT ON THE STATE TREASURER FOR THE
AMOUNT DUE EACH COUNTY AND BALTIMORE CITY. THE STATE TREASURER
IMMEDIATELY SHALL PAY THE AMOUNT DUE TO THE COUNTY AND BALTIMORE
CITY.

[(d)] (E) 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)] (F) 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)] (G) 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. A TRANSFER UNDER THIS
SUBSECTION MAY NOT TAKE PLACE WITHOUT SUCH APPROVALS BY THE
COMMITTING COURT AS ARE OTHERWISE REQUIRED BY LAW.

[(g)] (H) The Commissioner may contract with the federal
government for the transfer of inmates from institutions and
facilities operated by the Division to appropriate institutions
and facilities operated by or for the federal government.

[(h)] (I) (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 START-UP AND operation of the facility. START-UP COSTS MAY
INCLUDE COSTS FOR PERSONNEL, EQUIPMENT, INITIAL TRAINING,
CONSULTATION FEES, AND ANY OTHER SERVICE RELATED TO THE START-UP
PHASE OF THE FACILITY.

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

(i) Overhead costs allocated from other
agencies or institutions;