(a) Unless sufficient facilities are not available, the managing official of a correctional facility shall receive and confine an individual arrested by a police employee without warrant or on warrant from a county. (b) (1) An individual confined under subsection (a) of this section: (i) is deemed to be in the custody of the Department; and (ii) shall remain confined until a court of competent jurisdiction issues a warrant or other process, or the individual is returned to the county. (2) Before the issuance of a warrant or process, an individual confined under subsection (a) of this section may be released only to and on written order of a police employee. (c) (1) This section does not abridge the right of an individual to be taken before a judicial officer of the State promptly after arrest. (2) The managing official of a correctional facility in which an individual is confined under this section, shall notify the State's Attorney immediately if the individual is confined for more than 12 hours.
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