(a) In this title the following terms shall have the meanings indicated.
(b) "Department" means the Department of Juvenile Services.
(c) "Facility" means a juvenile program that is wholly owned by and
operated under the authority of:
(1) A county or municipal corporation, or both;
(2) A for-profit organization; or
(3) A nonprofit organization.
(d) "Juvenile program" means any:
(1) Program that:
(i) Meets the definition in §§ 2-120 and 2-121 of this article; and
(ii) Provides residential services to youth placed by the Department; or
(2) Nonresidential program that provides educational, vocational,
recreational, counseling, or other day services under contract to the
State.
(e) "Nonprofit organization" means:
(1) A bona fide religious organization, no part of the earnings of which
inures to the benefit of any individual or is used for any purpose
other than the maintenance and operation of the facility, the purchase
of equipment to be used in the facility, or the expansion of the
facility; or
(2) An organization:
(i) That is chartered as a nonprofit corporation and classified by the
Internal Revenue Service as nonprofit; and
(ii) No part of the earnings of which inures to the benefit of any
individual or is used for any purpose other than the maintenance and
operation of the facility, the purchase of the equipment to be used in
the facility, or the expansion of the facility.
(f) "Wholly owned" includes leased property, if the:
(1) (i) Lease will be for a minimum term of 30 years following project
completion; or
(ii) Lease agreement extends the right of purchase to the lessee; and
(2) Lessor consents to the recording, in the land records of the political
subdivision in which the facility is located, of a notice of the
State's right of recovery as provided under § 4-106 of this
subtitle.
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