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Session Laws, 1999
Volume 796, Page 729   View pdf image
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The only other changes are in style.

Defined term: "Agreement" § 8-401

8-416. ACTUAL RECEIPT OF NOTICE REQUIRED.

AS TO ANY REQUEST BY AN INDIVIDUAL CONFINED IN ANOTHER PARTY STATE
FOR TRIAL IN THIS STATE, WRITTEN NOTICE MAY NOT BE DEEMED TO HAVE BEEN
DELIVERED TO THE PROSECUTING OFFICER AND THE APPROPRIATE COURT OF THIS
STATE IN ACCORDANCE WITH § 8-405(A) (ARTICLE III (A) OF THE AGREEMENT) OF
THIS SUBTITLE AND NOTIFICATION MAY NOT BE DEEMED TO HAVE BEEN GIVEN IN
ACCORDANCE WITH § 8-405(D) OR § 8-406(B) OF THIS SUBTITLE (ARTICLE III (D) AND
ARTICLE IV (B) OF THE AGREEMENT) UNTIL THE NOTICE OR NOTIFICATION IS
ACTUALLY RECEIVED BY THE APPROPRIATE COURT AND THE APPROPRIATE STATE'S
ATTORNEY OF THIS STATE, THE STATE'S ATTORNEYS DEPUTY OR ASSISTANT, OR ANY
OTHER PERSON EMPOWERED TO RECEIVE MAIL ON BEHALF OF THE STATE'S
ATTORNEY.

REVISOR'S NOTE: This section formerly was Art. 27, § 616Q.

The reference to an "individual" who is confined is substituted for the
former reference to a "person" who is confined because only a human
being, and not the other entities included in the defined term "person", can
be confined. See § 1-101 of this article for the definition of "person".

The reference to "confined" is substituted for the former reference to
"imprisoned" for consistency with terminology used throughout this
article. See General Revisor's Note to this article.

The first reference to the words "may not" is substituted for the former
reference to the words "shall not" for consistency throughout this article in
stating a prohibition (i.e., stating the prohibition against considering
notice to have been delivered until it is actually received). For the same
reason, the second reference to the words "may not" is substituted for the
former reference to the words "nor shall" (i.e., stating the prohibition
against considering notification to have been given until it is actually
received).

A gender neutral term is substituted for the former pronoun "his" because
SG § 2-1238 requires the use of words that are "neutral as to gender".

The only other changes are in style.

Defined terms: "Agreement" § 8-401
"Appropriate court" § 8-401
"Person" § 1-101
"State" § 1-101

8-417. DETERMINATION OF CREDIT FOR TIME SERVED.

AN INDIVIDUAL DELIVERED TO THE CUSTODY OF ANOTHER PARTY STATE
UNDER THIS SUBTITLE SHALL BE ALLOWED OR SHALL FORFEIT ANY DIMINUTION OF

 

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Session Laws, 1999
Volume 796, Page 729   View pdf image
 Jump to  
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