(a) This section applies to incarcerated individuals transferred to a center or regional center from a local correctional facility.
(b)(1) A center director may recommend to the court that an incarcerated individual in a local correctional facility be placed in a center based on locally established procedures.
(2) If a center director makes a recommendation as provided under paragraph (1) of this subsection, the judge ordering the confinement, or, if that judge is unable to act, another judge of the court that committed the incarcerated individual may approve the placement of the incarcerated individual in a center.
(c)(1) The center director may make a recommendation to a court that an incarcerated individual in a center be released from custody.
(2) The recommendation shall be based on a report of the incarcerated individual's performance in the center.
(3) If a center director recommends the release of an incarcerated individual, the judge who ordered the confinement, or if that judge is unable to act, another judge of the court that committed the incarcerated individual may order the release of the incarcerated individual from custody.
(d)(1) Subject to § 11-318 of this subtitle, the center director may revoke the participation of an incarcerated individual.
(2)(i) If the remaining term of confinement of the incarcerated individual exceeds 12 months, the court that committed the incarcerated individual may designate the Division of Correction as the agency of custody.
(ii) The decision of the judge shall be based on a report of the center director to the judge that shows cause for revocation.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
