OF MANDATORY OR APPROVED STANDARDS, THE BOARD OF PUBLIC WORKS SHALL
MAKE PROVISION FOR THE STATE TO PAY 50% OF THE COSTS OF THE CONSTRUCTION
OR IMPROVEMENTS.

(2) THE PLANS AND COSTS FOR CONSTRUCTION OR IMPROVEMENTS
UNDER THIS SECTION SHALL BE SUBJECT TO APPROVAL BY:

(I) THE SECRETARY;

(II) THE DIVISION OF CORRECTION;

(III) THE DEPARTMENT OF GENERAL SERVICES; AND

(IV) THE DEPARTMENT OF BUDGET AND MANAGEMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 705(d).

In subsection (b)(1) of this section, the word "construct" is substituted for
the former reference to "build" for consistency with subsection (e) of this
section.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of the second
clause of Art. 27, § 705(d)(2), which is revised in the second clause of
subsection (c) of this section, is unclear. This provision was originally
enacted as part of Ch. 481, Acts of 1968, which authorized the governing
body of one or more counties to establish and maintain a regional detention
center. The legislative history of the original provision relating to the State
share for funding of construction costs for regional detention centers is not
available because there are no bill files from that period. Similarly, the
purpose paragraph of Ch. 481, Acts of 1968 offers no guidance as to the
meaning of this particular provision.

The meaning of this provision was further clouded by the enactment of Ch.
128, Acts of 1986, which revised the term "regional detention center"
throughout former Art. 27, § 705 to be "local detention center" and defined
"local detention center" to mean "any jail, work release, or prerelease
center or any other correctional facility operated by one or more counties
for the purpose of adult detention and confinement". The definition added
by Ch. 128, Acts of 1986 made the provision relating to the State share for
funding of construction costs in former Art. 27, § 705(d)(2) circuitous
because the entire subtitle dealt with "jail construction and rehabilitation"
and because jails were included in the definition of "local detention center"
in former Art. 27, § 705(a)(1).

The second clause of former Art. 27, § 705(d)(2) seems to reflect a
distinction between detention centers and jails that no longer exists.
However, merely repealing this provision leaves unaddressed the issue of
whether there is any mandatory State share for construction of or
improvements to a local correctional facility. The General Assembly may
wish to delete the second clause of subsection (c) of this section as