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Maryland Code, Correctional Services § 11-307

Current as of December 31, 2021 | Updated by FindLaw Staff

(a)(1) If the Secretary determines and certifies that there is a present need for a center or regional center, the county or counties in a region shall promptly initiate and pursue appropriate procedures to select a suitable site for the center.

(2) The Secretary shall cooperate with and assist the county or counties in a region in the selection of a site that will be consistent with the standards adopted under § 11-305 of this subtitle.

(3) Before selecting a site, the governing body of a county in which a site is proposed shall hold at least one public hearing in the county.

(b)(1) Subject to paragraph (2) of this subsection, a county may:

(i) acquire a site or facility that is located in the county for use as a center by lease, purchase, condemnation, or other lawful manner; and

(ii) construct or renovate a facility on a site acquired by the county.

(2) A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that:

(i) there is a need for the center;

(ii) the proposed site and facility are appropriate; and

(iii) the facility is or, on completion, will be, consistent with the standards adopted under § 11-305 of this subtitle.

(c) Subject to the requirements of and authority granted under subsection (b) of this section, counties may enter into agreements with each other and with the State for the location, acquisition, construction, and renovation of facilities for a regional center.

(d) If a county is divided into councilmanic districts or contains more than one legislative district, the county may provide by ordinance that it will not place more than one center in a councilmanic or legislative district unless there is a center in each councilmanic or legislative district in the county.

(e)(1) Except as provided in paragraph (2) of this subsection, if a county or the counties in a region fail to submit to the Secretary a proposed site and plans for a facility on it consistent with the standards adopted under § 11-305 of this subtitle within 18 months after the Secretary has certified the need for a center under § 11-306(c) of this subtitle, the Secretary shall declare the county or counties in default.

(2) For good cause shown, the Secretary may extend the time allowed under paragraph (1) of this subsection for not more than 6 months.

(f)(1) Subject to paragraphs (2) and (3) of this subsection, if the Secretary declares a county or counties in a region in default under subsection (e) of this section, the Secretary shall recommend a site for a center or a regional center to the Board of Public Works.

(2) The Secretary may recommend to the Board of Public Works a site for a regional center in lieu of a center that serves a single county.

(3) The Secretary shall make a recommendation for a site:

(i) within 6 months of a default; and

(ii) after holding a public hearing in the county in which the site is proposed.

(4) If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section.

(g) A center may not be established or expanded beyond a capacity of 108 beds without the approval of the Secretary and:

(1) for a single county center, the county in which the center is located or is to be located; or

(2) for a regional center, the counties in the region.

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Cite this article: FindLaw.com - Maryland Code, Correctional Services § 11-307 - last updated December 31, 2021 | https://codes.findlaw.com/md/correctional-services/md-code-corr-serv-sect-11-307/

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