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Session Laws, 1965
Volume 676, Page 870   View pdf image (33K)
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870                             LAWS OF MARYLAND                     [CH. 628

CHAPTER 628
(Senate Bill 362)

AN ACT to add new Section 616A to Article 27 of the Annotated
Code of Maryland (1957 Edition and 1964 Supplement), title
"Crimes and Punishments", to be under the new sub-title "De-
tainers", and the new sub-heading "Intrastate Detainers", to fol-
low immediately after Section 616 thereof, to establish procedures
for the prompt trial of certain untried indictments, informations
and complaints pending in the City of Baltimore or any county of
this State which are the basis for detainers filed against certain
prisoners incarcerated in correctional institutions of this State
upon the request of such prisoners; to provide for the effect of
such requests and of failure to hold trials of such untried indict-
ments, informations and complaints within specified periods; and
relating generally to detainers filed by officers of this State against
persons incarcerated in correctional institutions or facilities under
the jurisdiction of the Department of Correction.

Section 1. Be it enacted by the General Assembly of Maryland,

That new Section 616A be and it is hereby added to Article 27 of the
Annotated Code of Maryland (1957 Edition and 1964 Supplement),
title "Crimes and Punishments", to be under the new sub-title "De-
tainers", and the new sub-heading "Intrastate Detainers", and to
follow immediately after Section 616 thereof, and to read as follows:

DETAINERS
Intrastate Detainers
616 A.

(a)   Whenever the Department of Correction receives a detainer
against any prisoner serving a sentence in any correctional institution
under the jurisdiction of the Department, any such prisoner shall be
brought to trial within 120 days after the request of the prisoner
for final disposition of the indictment, information, or complaint has
been delivered to the state's attorney of the City of Baltimore or of
the county in which the indictment, information, or complaint is
pending and to the appropriate court; provided that for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be filed
within 30 days of the prisoner's notification of any untried indict-
ment, information, or complaint and shall be accompanied by a state-
ment from the warden or superintendent having custody, setting
forth the term of the commitment under which the prisoner is being
held, the time already served, the time remaining to be served on the
sentence, the amount of good time earned, the date of parole eligibil-
ity of the prisoner, and any decisions of the Board of Parole and
Probation relating to the prisoner. The written notice and statement
provided herein shall be delivered by certified mail.

(b)   The warden or superintendent having custody of the prisoner
shall inform the prisoner within 15 days in writing of the source and
contents of any untried indictment, information, or complaint against
said prisoner concerning which the warden or superintendent has


 

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Session Laws, 1965
Volume 676, Page 870   View pdf image (33K)
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