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Session Laws, 1943
Volume 584, Page 488   View pdf image (33K)
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488 LAWS OF MARYLAND. [CH. 434

Edition), title "Crimes and Punishments", sub-title "De-
partment of Correction", and to add a new section to said
Article to be known as Section 788A, regulating the sentenc-
ing of persons convicted of crime; the transfer of such per-
sons from one penal institution to another; and the estab-
lishment, maintenance, preservation and disposition of case
and institutional records concerning each inmate.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 788 of Article 27 of the Annotated Code of
Maryland (1939 Edition), title "Crimes and Punishments",
sub-title "Department of Correction", be and it is hereby re-
pealed and re-enacted, with amendments, to read as follows:

788. When any person is convicted, before any Circuit
Court of any County, or the Criminal Court of Baltimore, of
any crime, committed on or after June 1, 1943, and punish-
able by any imprisonment whatsoever or by fine and imprison-
ment (other than imprisonment in default of fine), said Court
may, in its discretion, sentence such person to imprisonment
in jail or in the Maryland House of Correction or in the
Maryland Penitentiary. The term of such imprisonment in
any of said institutions shall be in the discretion of the
Court, unless a maximum term of imprisonment is prescribed
by law, in which event the imprisonment imposed shall not
exceed the maximum so fixed; provided, however, that no
sentence to the Penitentiary or House of Correction shall be
for less than three months; except that any sentence under
Section 537 of this Article may be imposed in accordance with
the provisions of said Section 537. Whenever the Board of
Correction shall determine that prison discipline will be fur-
thered by transferring from the Maryland House of Correc-
tion to the Maryland Penitentiary, or the Maryland State
Penal Farm, or from any one of the three of said institutions
to the other, any person sentenced to either of said institutions
for a crime committed after October 1, 1916, and shall issue its
warrant to the Warden and Superintendent or Wardens of
said institution directing such transfer, then the said sentence
of the Court shall operate to authorize such transfer by virtue
hereof. The power of transfer conferred upon the Board of
Correction by this section shall authorize the said Board to
transfer any person confined in any of said institutions to
any other of said institutions at any time the said Board may,
in its discretion, determine that such transfer will improve
discipline or aid in the safekeeping, treatment, training, em-
ployment or rehabilitation of such person.

It is expressly provided, however, that nothing in this sec-
tion shall be construed to add to, alter or change the class of

 

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Session Laws, 1943
Volume 584, Page 488   View pdf image (33K)
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