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Session Laws, 1967
Volume 681, Page 1503   View pdf image (33K)
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SPIRO T. AGNEW, Governor                      1503

are inadequate to provide treatment for such illness, the [officer may
recommend to the] Department [of Correction that the prisoner be
temporarily removed] may temporarily remove THE PRISONER to
any place within the State where adequate treatment may be obtained.
[If the] The Department [of Correction approves such recommen-
dation, it] may direct the temporary removal of such prisoner for a
definite period of time, or from time to time, to a place where ade-
quate treatment for the illness of the prisoner may be obtained, with
such guards and under such supervision and safeguards as may be
necessary to prevent the escape of the prisoner from custody, and
subject to such rules and regulations with regard to guards, supervi-
sion, and terms of temporary release as the Department [of Correc-
tion] may prescribe, provided that any such order shall direct the
return of such prisoner to the [institution in which he was confined]
JURISDICTION OF THE Department as soon as the state of his
health will permit. Such order of removal shall be the authority of
the officer in charge of the penal institution to remove the prisoner in
accordance with its terms, and the prisoner shall be regarded during
the time of such removal as remaining in custody of the [penal insti-
tution to which he has been sentenced] Department for the purpose
of determining the time when he shall be released from such sen-
tence, and in determining such time he shall be entitled to diminu-
tion of the period of his confinement as provided in Section 700 (a)
and 700 (b) of this article. If any prisoner temporarily removed in
accordance with the provisions of this section escapes, he shall be
deemed guilty of the crime of escape and subject to the penalties
prescribed by Section 139 of this article.

The expenses of the accommodation, maintenance, and medical care
of the prisoner whose temporary removal has been authorized, in
accordance with this section, shall be paid by the prisoner or his
relatives or friends, or from any funds that are available for the
hospital expenses of prisoners [in the institution in which he is
confined], or, if not otherwise available, shall be a charge upon the
county, city, or town from which such inmate was committed, and
collectible by the officer in charge of such institution, in accordance
with the procedure prescribed by Section 44 of Article 59.

699.

If a representation is made to the officer in charge of any penal
institution that a woman confined in such penal institution is preg-
nant and about to give birth to a child, a reasonable time before the
anticipated birth of such child, the officer shall make careful inquiry
and, if the facts so require, recommend to the Governor through the
Department of Correction the exercise of executive clemency. The
Governor, without notice, may parole the convict, commute the sen-
tence, or suspend its execution for a definite period or from time to
time as he deems proper.

If the sentence is suspended, the officer in charge of such institu-
tion, a reasonable time before the anticipated birth of such child,
shall cause such woman to be removed from such institution and
provided with comfortable accommodations, maintenance, and medi-
cal care elsewhere under such supervision and safeguard to prevent
her escape from custody, as he may determine, and subject to her
return to such institution as soon after the birth of such child as
the state of her health will permit. The expenses of such accommo-

 

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Session Laws, 1967
Volume 681, Page 1503   View pdf image (33K)
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