(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.