ROBERT L. EHRLICH, JR., Governor                             Ch. 246

(b)     For the purpose of anticipating inmate confinement under subsection (a) of
this section, the Secretary annually shall review and study each county's local
correctional facility population in conjunction with data relevant to patterns of:

(1)     sentencing; AND

(2)     geographic distribution of inmates[; and

(3)     the rates of growth in the number of inmates sentenced to not less
MORE than 6 months but not exceeding 12 months:

(i) before January 1, 1987; and

(ii) on or after January 1, 1987] AS COMPARED TO THE NUMBER
SIMILARLY SENTENCED BEFORE JANUARY 1, 1988.

(c)      (1) Subject to the State budget appropriation process and in accordance
with this section, if a COUNTY APPLIES FOR FINANCIAL ASSISTANCE UNDER
SUBSECTION (A) OF THIS SECTION AND A county's construction plan is approved by
the Secretary under this section, the State shall pay all 100% of the approved costs of
acquisition, construction, architectural and engineering services, and capital
equipment for:

(i) a new local correctional facility; or

(ii) enlargement of an existing local correctional facility.

(2)     If a county's construction plan is disapproved by the Secretary, the
county may appeal to the Board of Public Works.

(3)     Subject to the State budget appropriation process, if A COUNTY
APPLIES FOR FINANCIAL ASSISTANCE UNDER SUBSECTION (A) OF THIS SECTION AND
the Board of Public Works approves the construction plan, the State shall pay all 100%
of the approved costs of acquisition, construction, architectural and engineering
services, and capital equipment for:

(i) a new local correctional facility; or

(ii) enlargement of an existing local correctional facility.

(d)     The plans and costs for construction or enlargement of a local correctional
facility by a county under this section are subject to:

(1)     the procedures followed by State units for requested capital projects;
and

(2)     approval by the Secretary.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2004.

Approved May 11, 2004.

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