(a)(1) In accordance with guidelines developed under paragraph (2) of this subsection, the center director or the director's designee may grant an incarcerated individual the privilege of leaving the confines of a center for the following purposes:
(i) employment or seeking employment;
(ii) educational programs;
(iii) vocational training;
(iv) community and civic activities;
(v) volunteer work;
(vi) athletic competition;
(vii) personal or family visits; or
(viii) other similar rehabilitative activities.
(2) The guidelines for leave shall be developed by the county or counties that operate the center, reviewed by the community advisory board, and approved by the Secretary.
(3) When outside the confines of a center, an incarcerated individual shall carry, at all times, a copy of the form signed by the center director or the director's designee containing the terms and conditions governing the grant of leave.
(4) An incarcerated individual on leave shall be deemed to be in the custody of the center to the same extent, and subject to the same supervision and control, as an incarcerated individual actually in confinement in the Division of Correction.
(5) An incarcerated individual who escapes while on leave under this section is subject to the penalties of § 9-404 of the Criminal Law Article.
(b)(1) The center director or the director's designee shall collect the earnings of an incarcerated individual, less payroll deductions required by law.
(2) The center director or the director's designee shall keep an accurate account of the earnings of an incarcerated individual.
(3) From the earnings of an incarcerated individual, the center director may deduct:
(i) an amount determined by the director to be the cost of providing food, lodging, and clothing to the incarcerated individual;
(ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual's participation in work release and rehabilitation programs;
(iii) any amount required by court order or agreement of the incarcerated individual, and not otherwise deducted, for the support of dependents; and
(iv) court ordered restitution payments.
(4)(i) Except as provided in subparagraph (ii) of this paragraph, any remaining balance shall be credited to the incarcerated individual's account and paid to the incarcerated individual on release.
(ii) If approved by the director, any remaining balance may be paid to the incarcerated individual on the request of the incarcerated individual.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 422, § 3, eff. Oct. 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; 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.
