(a) If the Secretary determines that the anticipated confinement of incarcerated individuals who are serving sentences of more than 6 months but not exceeding 12 months in a county's local correctional facility would exceed the capacity of the local correctional facility, a county may apply to the Secretary for financial assistance for the construction of a new or enlarged existing local correctional facility. (b) For the purpose of anticipating incarcerated individual 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; (2) geographic distribution of incarcerated individuals; and (3) the rates of growth in the number of incarcerated individuals sentenced to more than 6 months but not exceeding 12 months 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 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 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.
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