(a) As used in this section, "facility" means a correctional facility of any kind for adults or juveniles. (b) Another state may not begin construction or otherwise locate a facility in this State unless the other state submits a written request for approval to construct or locate the facility to and receives approval from: (1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or (2) the Secretary of Juvenile Services, in the case of a facility for juveniles. (c) (1) The Secretary of Public Safety and Correctional Services may approve or disapprove a request for approval to construct or locate a facility for adults in this State. (2) The Secretary of Juvenile Services may approve or disapprove a request for approval to construct or locate a facility for juveniles in this State. (3) Approval or disapproval shall be: (i) after consultation with the Governor, the governing body of the county in which the facility will be located, and the community in which the facility will be located; and (ii) in accordance with applicable standards concerning the location of facilities. (d) If another state has an existing facility in this State, the other state may not increase the incarcerated individual population of that facility by more than 5% unless the other state first submits a written request for the increase to and receives approval for the increase from: (1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or (2) the Secretary of Juvenile Services, in the case of a facility for juveniles.
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