(a) In this section, "Director" means the Director of the Wicomico County Department of Corrections. (b) This section applies only in Wicomico County. (c) The County Council may establish under the County Department of Corrections programs for: (1) community service; (2) home detention; (3) pretrial release; and (4) work release. (d) The County Council shall adopt regulations necessary to implement each program established under this section. (e) At the time of sentencing or at any time during an individual's confinement, the court may allow the individual to participate in any program established under this section if the individual: (1) is sentenced to the custody of the Director; and (2) has no other charges pending in any jurisdiction. (f) An incarcerated individual designated to participate in a program specified under subsection (c) of this section may leave the detention center to: (1) continue regular employment; or (2) seek new employment. (g) (1) The Director or Director's designee, shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law. (2) From the earnings of the incarcerated individual, the Director shall deduct and disburse an amount: (i) the Director determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual; (ii) the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual's participation in the program; (iii) a court imposes for a fine, cost, or restitution; (iv) the incarcerated individual is legally obligated to pay, or reasonably desires to pay, for support of a dependent; and (v) a court orders the incarcerated individual to repay to the State or to the County for the services of an attorney appointed by a court. (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 reasonably requests and as the Director approves. (h) (1) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections has established for participation in a program specified in subsection (c) of this section, 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 a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual. (3) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation. (i) (1) The Director or the Director's designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections: (i) to visit a seriously ill member of the incarcerated individual's immediate family; or (ii) to attend the viewing or funeral of a member of the incarcerated individual's immediate family. (2) An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) of this section and § 11-726 of this subtitle. (3) An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the Department for any expenses that the County Department of Corrections incurs in granting the leave. (4) The Director shall adopt regulations necessary to carry out this subsection.
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