SPIRO T. AGNEW, Governor                        271

CHAPTER 218
(House Bill 268)

AN ACT to repeal and re-enact, with amendments, Section 699 of
Article 27 of the Annotated Code of Maryland (1967 Replace-
ment Volume and 1967 Supplement), title "Crimes and Punish-
ments", subtitle "Prisoners" to correct an error of wording in
the section involving the disposition of the child of a pregnant
female prisoner.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 699 of Article 27 of the Annotated Code of Maryland
(1967 Replacement Volume and 1967 Supplement), title "Crimes
and Punishments", subtitle "Prisoners", be and it is hereby repealed
and re-enacted with amendments, to read as follows:

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 sentence, 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 insti-
tution, 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 med-
ical care elsewhere under such supervision and safeguard to pre-
vent 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
accommodation, maintenance, and medical care shall be paid by
said woman or her relatives or friends, or from any fund that
is available for the hospital expenses of such inmate within the
institution, or, if not otherwise available, shall be a charge upon
the county, city, or town from which such inmate was committed,
and collectible by such officer in charge of such institution. Upon
proof being furnished by the father or other relatives of their
ability properly to care for and maintain such child, the Depart-
ment may order that the child be given into the care and custody
of the father or other relative, who shall thereafter care for and
maintain the same [as] at his or her own expense until the release of
the mother of such child or until such child shall have been duly
adopted as provided by law. If it shall appear that the father or
other relative is unable properly to care for and maintain such
child, the Department of Correction shall place the child in the
care of the department of public welfare of the county or Baltimore
City from which said inmate was committed as a proper charge upon
such county or Baltimore City.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1968.

Approved April 10,. 1968.