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Session Laws, 1999
Volume 796, Page 873   View pdf image
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makes a distinction based on "a sentence of more than 90 days". In
practice, the Department of Public Safety and Correctional Services
interprets subsection (b)(3) as follows: (1) the reference to inmates who
"have been placed in [a] center under a sentence of more than 90 days"
means inmates who have been sentenced to serve 90 days or more in a
local correctional facility and have been placed in a center by a judge under
§ 11-317 of this subtitle; and (2) the reference to inmates who "have been
transferred to [a] center" means inmates who have been placed in a center
by the Commissioner of Correction under § 11-316 of this subtitle. The
General Assembly may wish to amend subsection (b)(3) of this section to
reflect current practice or to otherwise clarify the meaning of this
provision.

In subsection (d)(2) of this section, the reference to "programs or staff in
excess of the minimum State standards" is substituted for the former
reference to "expanded programs or staff" for consistency with paragraph
(1) of this subsection.

Defined terms: "Center" § 11-301
"County" § 1-101
"Inmate" § 1-101
"Secretary" § 1-101

11-311. OPERATION.

(A) OPERATION BY COUNTY.

(1) A CENTER THAT IS ACQUIRED, CONSTRUCTED, OR RENOVATED BY A
COUNTY AS AUTHORIZED UNDER § 11-307(B) OF THIS SUBTITLE SHALL BE OPERATED
BY THE COUNTY.

(2) THE DIRECTOR, STAFF, AND OTHER EMPLOYEES OF THE CENTER
SHALL BE EMPLOYEES OF THE COUNTY.

(B) OPERATION OF REGIONAL CENTER

(1) A REGIONAL CENTER THAT IS ACQUIRED, CONSTRUCTED, OR
RENOVATED BY THE COUNTIES IN A REGION AS AUTHORIZED UNDER § 11-307(C) OF
THIS SUBTITLE SHALL BE OPERATED IN ACCORDANCE WITH THE AGREEMENT
ENTERED INTO BY THE COUNTIES.

(2) THE DIRECTOR, STAFF, AND OTHER EMPLOYEES OF THE REGIONAL
CENTER SHALL BE EMPLOYEES OF ONE OR MORE OF THE COUNTIES AS PROVIDED IN
THE AGREEMENT.

(C) OPERATION BY THE STATE.

(1) A CENTER THAT IS ACQUIRED, CONSTRUCTED, OR RENOVATED BY
THE STATE ON THE DEFAULT OF A COUNTY OR COUNTIES IN A REGION UNDER §
11-307(F) OF THIS SUBTITLE SHALL BE OPERATED BY THE STATE.

 

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Session Laws, 1999
Volume 796, Page 873   View pdf image
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