Marvin Mandel, Governor                            497

access to, for the purposes of examination, and the right to copy,
any documentary evidence of any person or institution being investi-
gated or proceeded against and may require by subpoena the at-
tendance and testimony of witnesses and the production of all docu-
mentary evidence of any person relating to any matter under investi-
gation. The presiding commissioner at a hearing may administer
oaths and affirmations.

(h) The inmate shall have the right to appear before the Com-
mission and shall have the opportunity to call a witness or a reason-
able number of witnesses depending upon the circumstances and the
nature of the complaint, subject to the discretion of the Commission
as to the relevancy of the testimony and questions and the number of
witnesses sought to be called. The inmate shall have a reasonable
opportunity to question any witnesses who testify before the Com-
mission. Such rights of the inmate shall not be unreasonably with-
held or restricted by the Commission. If the inmate requests that he
be represented at the hearing by an attorney of his own choosing he
shall be permitted such representation at his own expense.

(i) A record shall be kept of all complaints and their disposition
which shall be open to public inspection during regular business
hours.

(j) For the performance of its duties, the Commission may con-
duct hearings at the institutions under the supervision and control of
the Division of Correction or at the Patuxent Institution.

(k) The Commission, subject to the approval of the Secretary,
shall have the power to adopt rules and regulations for the conduct
of its proceeding as provided for in this section.

(l) No court shall BE REQUIRED TO entertain an inmate's
grievance or complaint within the jurisdiction of the Inmate Griev-
ance Commission unless and until the complainant has exhausted the
remedies as provided in this section. Upon the final decision of the
Secretary of Public Safety and Correctional Services, the complainant
shall be entitled to judicial review thereof. Proceedings for review
shall be instituted in the circuit court of the County or in the Balti-
more City Court, as the case may be, in which is located the institu-
tion where the complainant is confined. Review by the court shall be
limited to a review of the record of the proceedings before the com-
mission and the Secretary's order, if any, pursuant to such proceed-
ings. The court's review shall be limited to a determination of
whether there was a violation of any right of the inmate protected
by Federal or State laws or constitutional requirements.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved April 29, 1971

CHAPTER 211
(House Bill 755)

AN ACT to repeal Section 640 of Article 27 of the Annotated Code
of Maryland (1971 Replacement Volume), title "Crimes and Pun-
ishments," subtitle "Venue, Procedure and Sentence," subheading