Sec. 13-18. Disciplinary and revocation measures.

   (a)    Division staff may use counseling when appropriate for improper conduct.

   (b)    The Program Administrator may:

      (1)   restrict or remove privileges in the Pre-Release Center for not more than 30 days for any breach of discipline or violation of Division rules;

      (2)   suspend the inmate from the Pre-Release Center for not more than 14 successive days for any breach of discipline or violation of Division rules; or

      (3)   if an inmate is participating in Home Confinement services, place the inmate at the Pre-Release Center, restrict or remove privileges, or return the inmate to the appropriate security facility.

   (c)    If an inmate commits a serious violation of a rule or regulation identified in the Program Guidebook or Section 13-16, or performs unsatisfactorily in the Program, the Program Administrator may immediately remove the inmate from the Pre-Release Center or return the inmate to the appropriate security facility. The Program Administrator must forward a full report to the court stating the circumstances and reasons for revocation. The judge of the committing court may, on the basis of the revocation action, redesignate the State Department of Public Safety and Correctional Services as the agency of custody for the remaining term of the inmate's confinement, under Section 11-717 of the Correctional Services Article of the Maryland Code.

   (d)   The Program Administrator may revoke an inmate’s participation in the Program if the inmate makes a false statement on the application or during the screening process. If the Program Administrator revokes an inmate’s participation in the Program, the inmate must be removed from the Program and is not eligible to reapply to the Program for 60 days, as provided in Sections 13-14 and 13-15. An inmate in the custody of the State Department of Public Safety and Correctional Services or Federal Bureau of Prisons is subject to any time limit in the applicable state or federal law. (1976 L.M.C., ch. 24, § 1; 1978 L.M.C., ch. 15, § 1; 2006 L.M.C., ch. 31, § 1.)

Sec. 13-19. Disposition of inmate funds and earnings.

   (a)    The Director may establish and maintain inmate personnel and financial records and require written reports from the inmate as necessary to administer the Program.

   (b)    The Director is authorized to receive, deposit, and disburse the funds and earnings of each inmate in accordance with regulations established by the Director.

   (c)    The Director may deduct the following from an inmate’s earnings:

      (1)   all or part of the cost to the County to provide an inmate with food, lodging, and clothing;

      (2)   actual and necessary food, travel, and other expenses incidental to the inmate’s participation in the Program;

      (3)   any amount the inmate is legally obligated or desires to pay to support a dependent;

      (4)   a reasonable amount to repay the State or County for an attorney appointed by the court, if applicable; and

      (5)   a court-ordered payment for restitution.

   (d)    The Director must apply any remaining balance, less deductions identified in subsection (c), to the inmate’s account and must dispose of the funds as the inmate requests and the Director approves.

   (e)    Inmate funds must be accounted for as prescribed by the Director of the Department of Finance. The Department of Finance must conduct a yearly audit of inmate funds and submit a written report to the Director of the Department of Correction and Rehabilitation.

   (f)   The Director must set, by method (3) regulation, a reasonable fee for the cost of electronic and staff supervision. The Director may collect the fee from participants in the non-residential component of the Program. If the Director finds that a participant cannot afford to pay the fee, the Director may wholly or partially exempt the inmate from paying the fee. (1976 L.M.C., ch. 24, § 1; 1980 L.M.C., ch. 6, § 6; 2006 L.M.C., ch. 31, § 1.)

Sec. 13-20. Graduated release.

   The Director must cooperate with federal, state, or other County correctional officials to develop a system of graduated release for County residents who are within 12 months of release or a parole hearing date and who are returning to the County after serving a period of their confinement in a correctional institution. After approval by an appropriate court or other agency having jurisdiction, the Director may place a qualified inmate in the Program; however, any inmate transferred from another correctional agency to the Department must meet the eligibility standards specified in Section 13-14 and be subject to all rules, regulations, and guidelines of the Program. Under Section 11-717 of the Correctional Services Article of the Maryland Code the Director may negotiate a contract each year with the State Department of Public Safety and Correctional Services for state reimbursement on a per diem basis to the County for providing community correctional services to state inmates. (1976 L.M.C., ch. 24, § 1; 1980 L.M.C., ch. 6, § 7; 2006 L.M.C., ch. 31, § 1.)

Sec. 13-21. Court directed early release.

   Under Section 11-717 of the Correctional Services Article of the Maryland Code after the inmate enters the Program, the judge ordering the confinement or, if the judge is unable to act, any other judge of the committing court, may order the release of the inmate from custody based on the Program Administrator's recommendation and report of the inmate’s performance in the Program. (1976 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 31, § 1.)

Sec. 13-22. Conditional parole and probation cases.

   (a)    In lieu of pursuing a parole violation, state or federal parole authorities may require a parolee to participate in the Program for residential treatment as a condition of continued parole. The Program Administrator may screen and accept a parolee who meets Program criteria.

   (b)    In specific cases, the federal court may require a probationer to participate in the Program for residential treatment as a condition of probation. The Program Administrator may screen and accept a probationer who meets Program criteria.

   (c)    The Program Administrator must take appropriate steps to determine that the parolee and/or probationer is a resident of the Washington Metropolitan Area and meets the eligibility criteria in Section 13-14. The parolee's or probationer's participation in the Program must not exceed six 12 months. The parolee or probationer must be subject to the rules and guidelines of the Pre-Release Center. If the Program Administrator finds that the parolee or probationer should be withdrawn from the Pre-Release Center because of improper conduct or other appropriate reasons, the Program Administrator must release the parolee or probationer to the parole or probation agent and provide the agent a report of the individual's performance and conduct while at the Pre-Release Center.

   (d)    The County may negotiate a contract each year with federal and state adult parole and probation authorities for reimbursement on a per diem basis to the County for providing community correctional services to a parolee or probationer. (1976 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 31, § 1.)

Sec. 13-23. Confidentiality.

   The Program administrator may require an inmate who participates in the Program to agree in writing to waive any right of confidentiality and authorize the Program Administrator to release relevant personal information, except for psychological information:

   (a)   to essential community resources and volunteer staff to obtain employment, training, education, and treatment for the inmate; or

   (b)   to an individual who agrees to sponsor the inmate in the individual’s home for home confinement, an authorized visit, or a furlough. (1978 L.M.C., ch. 15, § 1; 1980 L.M.C., ch. 6, § 8; 2006 L.M.C., ch. 31, § 1.)

Article III. Alternative Community Service Program.