2546                                          LAWS OF MARYLAND                      [Ch. 735

BY repealing and re—enacting, with amendments.

Article 41 — Governor — Executive and Administrative

Departments
Section 122

Annotated Code of Maryland
(1971 Replacement Volume and 1973 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section [[638B]] 638C be and it is
hereby added to Article 27 — Crimes and Punishments, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1973 Supplement) to read as follows:

Article 27 - Crimes and Punishments
[[638B]] 638C.

(a)    any person who is convicted and sentenced
shall [[recieve]] receive credit against the term of a
definite or life sentence or credit against the minimum
and maximum terms of an indeterminate sentence for all
time spent [[under the supervision or]] in the custody of
any state, county or city jail, correctional institution,
hospital, mental hospital or other agency as a result of
the charge for which sentence is imposed or as a result
of the conduct on which the charge is based, and the term
of a definite or life sentence or the minimum and maximum
terms op an indeterminate sentence shall be diminished
thereby. in any case where a person has been in custody
due to a charge that culminated in a dismissal or
acquittal, the amount of time that would have been
credited against a sentence for the charge, had one been
imposed, shall be credited against any sentence that is
based upon a charge for which a warrant or commitment was
lodged during the pendency of such custody. in all other
cases, the sentencing court shall have the discretion to
apply credit against a sentence for time spent in custody
for another charge or offense.

(b)    a person whose sentence is set aside as the
result of direct or collateral attack and who is
re-prosecuted or re-sentenced for the same offense of for
another offense based on the same [[conduct]]transaction
shall receive credit against the term of a definite or
life sentence or credit against the minimum and maximum
terms of an indeterminate sentence for all time spent in
custody under the prior sentence, including credit
applied against the prior sentence in accordance with
subsection (a), and the term of a definite or life
sentence or the minimum and maximum terms of an
indeterminate sentence shall be diminished thereby.