(a) In this section, “warden” means the warden of the Kent County Detention Center.
(b) This section applies only in Kent County.
(c) The County Commissioners may establish under the Kent County Detention Center programs for:
(1) community service;
(2) home detention;
(3) pretrial release; and
(4) work release.
(d) The County Commissioners 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 an individual to participate in any program established under this section if the individual:
(1) is sentenced to the custody of the warden; and
(2) has no other charges pending in any jurisdiction.
(f) An incarcerated individual designated to participate in a program under this section may leave the Kent County Detention Center to:
(1) continue regular employment;
(2) seek new employment; or
(3) receive therapy for drug or alcohol addiction.
(g) (1) The warden or warden’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 warden shall deduct and disburse an amount:
(i) the warden determines to be the cost to the county for providing food, lodging, and clothing for the incarcerated individual;
(ii) the county actually incurs for necessary food, travel, and other expenses incidental to participation by the incarcerated individual in the program;
(iii) a court imposes for a fine, cost, or restitution;
(iv) the incarcerated individual is legally obligated to pay, or reasonably wants 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 the court.
(3) The warden 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 warden approves.
(h) (1) If an incarcerated individual violates a trust or a condition that the court or the Kent County Detention Center establishes for conduct or employment, the incarcerated individual is subject to:
(i) removal from a program specified in subsection (c) of this section; 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 detention center establishes, the Kent County Detention Center shall notify the sentencing court in writing of the violation.
(i) (1) Incarcerated individuals of the Kent County Detention Center who are employed under § 11–602 of this title shall pay:
(i) court–ordered payments for restitution; and
(ii) the reasonable cost of the food, lodging, and clothing of the incarcerated individual.
(2) The County Commissioners shall:
(i) establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and
(ii) designate the warden as the agent to collect these costs.
(j) (1) Subject to paragraph (2) of this subsection, the county may collect from an incarcerated individual who is sentenced to the Kent County Detention Center for nonconsecutive periods of 48 hours or less an amount determined to be the average cost to the county of providing food, lodging, and clothing for the incarcerated individual.
(2) A court may waive any or all of the charge specified in paragraph (1) of this subsection.
(k) (1) The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the Kent County Detention Center:
(i) to visit a seriously ill member of the immediate family of the incarcerated individual; or
(ii) to attend a viewing or funeral of a member of the immediate family of the incarcerated individual.
(2) An incarcerated individual who is granted compassionate leave may be required to reimburse the Kent County Detention Center for any expenses that the detention center incurs in granting the leave.
(3) The warden shall adopt regulations necessary to carry out this subsection.