Section 10-601 - Correctional facilities operated by other states.
§ 10-601. Correctional facilities operated by other states.
(a) "Facility" defined.- As used in this section, "facility" means a correctional facility of any kind for adults or juveniles.
(b) Request and approval required.- Another state may not begin construction or otherwise locate a facility in this State unless the other state submits a written request for approval to construct or locate the facility to and receives approval from:
(1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
(2) the Secretary of Juvenile Services, in the case of a facility for juveniles.
(c) Approval or disapproval of a request to construct or locate a facility.-
(1) The Secretary of Public Safety and Correctional Services may approve or disapprove a request for approval to construct or locate a facility for adults in this State.
(2) The Secretary of Juvenile Services may approve or disapprove a request for approval to construct or locate a facility for juveniles in this State.
(3) Approval or disapproval shall be:
(i) after consultation with the Governor, the governing body of the county in which the facility will be located, and the community in which the facility will be located; and
(ii) in accordance with applicable standards concerning the location of facilities.
(d) Increase of inmate population in existing facilities.- If another state has an existing facility in this State, the other state may not increase the inmate population of that facility by more than 5% unless the other state first submits a written request for the increase to and receives approval for the increase from:
(1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
(2) the Secretary of Juvenile Services, in the case of a facility for juveniles.
[An. Code 1957, art. 41, § 4-1211; 1999, ch. 54, § 2; 2003, ch. 53, § 4.]