130                                        LAWS OF MARYLAND                            [Ch. 2

IN EXERCISING HIS DISCRETION THE JUDGE MAY
CONSIDER WHETHER NEW GROUNDS OF A SUBSTANTIAL NATURE
APPEAR TO EXIST FOR GRANTING OF THE WRIT OR WHETHER
THE GROUNDS FOR THE ISSUANCE OF ANY FORMER WRIT WERE
FULLY AND ADEQUATELY PRESENTED.

REVISOR'S NOTE: This section presently appears as
Art. 42, §4. The only changes made are in
style.

SEC. 3-704. INQUIRY INTO LEGALITY OF DETENTION AND
RELEASE OR REMAND.

(A)   INQUIRY.

ON RETURN OF A WRIT OF HABEAS CORPUS AND
PRODUCTION OF A PERSON AND CAUSE OF HIS DETENTION
BEFORE A JUDGE, THE JUDGE SHALL IMMEDIATELY INQUIRE
INTO THE LEGALITY AND PROPRIETY OF THE CONFINEMENT OR
DETENTION.

(B)   RELEASE OR DISCHARGE.

IF IT APPEARS TO THE JUDGE THAT THE PERSON IS
DETAINED WITHOUT LEGAL WARRANT OR AUTHORITY, HE SHALL
RELEASE OR DISCHARGE THE PERSON IMMEDIATELY.

(C)   REMAND TO CUSTODY OR ADMISSION TO BAIL.

IF THE JUDGE CONSIDERS THE DETENTION LAWFUL AND
PROPER, THE PERSON SHALL BE:

(1)   REMANDED TO CUSTODY; OR

(2)   ADMITTED TO BAIL.

(D)    TAKING RECOGNIZANCE FOR APPEARANCE BEFORE
COURT.

IF THE PERSON IS ADMITTED TO BAIL, THE      JUDGE

SHALL TAKE A RECOGNIZANCE FOR HIS APPEARANCE IN   COURT

AND TRANSMIT IT TO A COURT HAVING JURISDICTION      OVER
THE OFFENSE CHARGED.

REVISOR'S NOTE: This section is new language
derived from Art. 42, §14. This section is
divided into four subsections because of
the diversity of the provisions. In
subsection (a), the provision dealing with
jurisdiction of the detained person "before
the court or judge who granted the writ" is