(a) In this section, "Director" means the Director of the Montgomery County Department of Correction and Rehabilitation. (b) This section applies only in Montgomery County. (c) (1) The County Council shall establish work release and prerelease programs in accordance with this section. (2) A work release or prerelease program shall provide that an incarcerated individual of the County Department of Correction and Rehabilitation, on approval of the Director, may leave confinement during necessary and reasonable hours to seek or work at gainful employment and to participate in other rehabilitative activities, including: (i) intensive counseling; (ii) academic education; (iii) home visitation; (iv) transitional phased release programs; and (v) maximum use of other community resources or other similar rehabilitative activities. (d) (1) At any time during the confinement of an incarcerated individual of the County Department of Correction and Rehabilitation, the judge who ordered the confinement or, if that judge is unable to act, another judge of the committing court, may approve the transfer of the incarcerated individual to the work release/prerelease center to participate in a work release or prerelease program: (i) in accordance with the selection requirements and programs established by the County Council; and (ii) after a recommendation by the Director or the Director's designee. (2) After the incarcerated individual enters the work release or prerelease program, the judge who ordered confinement or, if that judge is unable to act, another judge of the committing court, may order the release of the incarcerated individual from custody based on: (i) the recommendation of the Director or Director's designee; and (ii) the report of the incarcerated individual's performance in the work release or prerelease program. (3) When not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the prerelease center unless the committing court directs otherwise. (e) (1) The Director or the Director's designee shall collect the earnings of an incarcerated individual participating in a work release or prerelease program under this section, less any payroll deduction required by law. (2) From the earnings of the incarcerated individual, the Director may deduct: (i) the amount determined to be the cost to the county of providing food, lodging, and clothing for the incarcerated individual; (ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual's participation in the program; (iii) an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent; (iv) if applicable, a reasonable amount to repay the State or the county for an attorney appointed by the court; and (v) court-ordered payments for restitution. (3) The Director shall: (i) credit to the incarcerated individual's account any remaining balance; and (ii) dispose of the balance in the incarcerated individual's account as the incarcerated individual requests and the Director approves. (f) (1) If an incarcerated individual violates a trust or a condition that the County Council establishes for conduct or employment, the incarcerated individual is subject to: (i) removal from the program; and (ii) cancellation of any earned diminution of the incarcerated individual's term of confinement. (2) If an incarcerated individual violates a condition or a term of the program and the Director or the Director's designee removes the incarcerated individual from the program because of the violation, a judge of the committing court may redesignate the Division of Correction as the agency of custody for the remaining term of the incarcerated individual's confinement. (g) (1) The County Department of Correction and Rehabilitation shall provide all work release, prerelease, and similar services to county residents who are sentenced to the jurisdiction of the Division of Correction. (2) The Commissioner of Correction may transfer to the County Department of Correction and Rehabilitation only those eligible individuals who are screened and recommended for approval for the work release or prerelease program, or both programs, by both correctional agencies. (3) The county facilities shall operate in accordance with general operational standards that the Commissioner of Correction approves. (4) The County Department of Correction and Rehabilitation and the Division of Correction shall negotiate a contract each year that provides for State reimbursement on a per diem basis for operational costs to the county for providing the community correctional services described in this section to incarcerated individuals sentenced to the Division of Correction and confined in the County Department of Correction and Rehabilitation.
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