678

LAWS OF MARYLAND

Ch. 128

SHALL REVIEW AND STUDY EACH    COUNTY'S LOCAL DETENTION CENTER

POPULATION IN CONJUNCTION WITH    DATE RELEVANT TO PATTERNS OF

SENTENCING AND TO PATTERNS OF GEOGRAPHIC DISTRIBUTION OF
PRISONERS.

(3)  (I) SUBJECT TO THE BUDGET APPROPRIATION PROCESS,
WHERE ANY COUNTY HAS ITS PLAN FOR CONSTRUCTION APPROVED BY THE
SECRETARY UNDER THIS SUBSECTION, THE STATE SHALL PAY 100 PERCENT
OF THE APPROVED COSTS FOR ACQUISITION, CONSTRUCTION,
ARCHITECTURAL AND ENGINEERING SERVICES, AND CAPITAL EQUIPMENT,
FOR A NEW LOCAL DETENTION CENTER OR EXPANSION IN ACCORDANCE WITH
THIS SUBSECTION.

(II) IN THE EVENT A COUNTY CONSTRUCTION PLAN IS
DISAPPROVED BY THE SECRETARY UNDER THIS SUBSECTION, THE COUNTY
MAY APPEAL TO THE BOARD OF PUBLIC WORKS FOR APPROVAL OF THE
CONSTRUCTION PLAN AND, IF SUCH APPROVAL IS GRANTED, THE STATE
SHALL PAY, SUBJECT TO THE BUDGET APPROPRIATION PROCESS, 100
PERCENT OF THE APPROVED COSTS FOR ACQUISITION, CONSTRUCTION,
ARCHITECTURAL AND ENGINEERING SERVICES, AND CAPITAL EQUIPMENT FOR
A NEW LOCAL DETENTION CENTER OR EXPANSION IN ACCORDANCE WITH THIS
SUBSECTION.

(4)  THE PLANS AND COSTS FOR THE CONSTRUCTION OR
EXPANSION OF A LOCAL DETENTION CENTER UNDERTAKEN BY A COUNTY
UNDER THIS SUBSECTION SHALL BE SUBJECT TO THE PROCESS AND
PROCEDURES FOLLOWED BY STATE AGENCIES FOR REQUESTED CAPITAL
PROJECTS AND SHALL BE APPROVED BY THE SECRETARY OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES.

[E.] (F) The [Commissioner, when he approves] SECRETARY,
UPON APPROVING FACILITY plans which will necessitate State
financial assistance, shall enter into a written agreement with
the county or counties involved setting forth the rights, powers,
duties and responsibilities of all parties. The agreement may
provide for the housing and rehabilitation in a [regional] LOCAL
detention center of prisoners sentenced to State institutions
upon conditions agreed on by all parties. [No contract shall be]
A CONTRACT MAY NOT BE approved by the [Commissioner] SECRETARY
unless it provides for an annual A PERIODIC review of the
facilities and all rehabilitation and training programs of the
institution by the [Department of Correction and allows the
Commissioner to propose any changes deemed necessary to
adequately carry out the programs of rehabilitation and maintain
them at a satisfactory level of performance] MARYLAND COMMISSION
ON CORRECTIONAL STANDARDS AND IT PROVIDES THAT THE FACILITY AND

ITS PROGRAMS MEET IS IN SUBSTANTIAL COMPLIANCE WITH THIS

COMMISSION'S MANDATORY STANDARDS. IN THE ABSENCE OF ANY
CONTRACTUAL AGREEMENT, COURT ORDER, OR CONSENT DECREE, PRISONERS
SENTENCED TO THE COMMISSIONER OF CORRECTION MAY NOT BE HOUSED IN
THE LOCAL DETENTION CENTER AWAITING TRANSFER TO THE DIVISION OF
CORRECTION MORE THAN 30 DAYS.

[F.] (G) Notwithstanding any other provisions of the
Annotated Code of Maryland, a judge of the circuit court for any