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Session Laws, 1970
Volume 695, Page 414   View pdf image
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414                                 Laws of Maryland                         Ch. 147

which the defendant is able to pay, or may direct that the defendant
be imprisoned until the fine (or any portion of it remaining unpaid
or remaining undischarged after a pro rata credit for any time which
may already have been served in lieu of payment) is paid; and the
court shall determine and specify, in the light of the defendant's
situation and means and of his conduct with regard to the nonpay-
ment of the fine, the period of any imprisonment in default of pay-
ment of the fine, subject to the following limitations:

(1)    In no event shall such period of imprisonment exceed one
day for each ten dollars ($10.00) of the fine.

(2)    Where the fine was imposed for an offense subject to punish-
ment by imprisonment or fine, or both, such period shall not exceed
one-third of the maximum term authorized by statute or ordinance
for such offense or ninety (90) days, whichever may be less.

(3)    Where the fine is imposed for an offense for which imprison-
ment is not an authorized penalty (whether by statute or ordinance
or by common law) in the absence of default in payment of a fine,
such period shall not exceed fifteen days.

(4) where WHERE a sentence of imprisonment as well as a fine
was imposed, the aggregate of such term and of the original sentence
of imprisonment shall not exceed the maximum authorized term of
imprisonment.

(c)    Unless discharged by payment or service of imprisonment
in default of a fine, a fine may be collected in the same manner as a
judgment in a civil action. Costs may be collected in the same manner
as a judgment in a civil action, but shall not be deemed part of the
penalty, and no person shall be imprisoned under this section in
default of payment of costs.

(d)    All periods of confinement imposed under the provisions of
this section because of nonpayment of two or more fines [and costs]
shall run concurrently unless it shall be specified by the court [or
justice of the peace] that said periods shall run consecutively.

Sec. 3. And be it further enacted, That Sections 113(b) and (c)
of Article 26 of the Annotated Code of Maryland (1966 Replacement
Volume and 1968 Supplement), title "Courts," subtitle "Municipal
Court of Baltimore City" are repealed and re-enacted, with amend-
ments, to read as follows:

113.

(b)    Nonpayment of fine.—The court shall have the power to
commit any person to jail for nonpayment of any fine [and costs,]
however payable, as provided in Article 38, Section 4, Annotated
Code. Any judge of the court or any one of the court clerks shall have
the power, upon suitable written order to the warden or other custo-
dian, to release any person committed for nonpayment of any fine
[and costs], at any time after commitment, upon payment of the
fine [and costs] imposed, provided, however, that a pro rata credit
[of one dollar ($1.00)] for [each day of] imprisonment actually
served shall be deducted from the payment herein specified.

(c)    Installment payments of fine.—The court shall have power,
in its discretion, in accordance with Article 38, Section 4, to order

 

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Session Laws, 1970
Volume 695, Page 414   View pdf image
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