MARVIN MANDEL, Governor 2547
(C) A PERSON WHO IS SERVING MULTIPLE SENTENCES,
ONE OF WHICH IS SET ASIDE AS THE RESULT OF DIRECT OR
COLLATERAL ATTACK, SHALL RECEIVE CREDIT AGAINST THE
REMAINING TERM OF A DEFINITE OR LIFE SENTENCE OR CREDIT
AGAINST THE REMAINING MINIMUM AND MAXIMUM TERMS OF AN
INDETERMINATE SENTENCE FOR ALL TIME SPENT IN CUSTODY
UNDER THE SENTENCE SET ASIDE, INCLUDING CREDIT APPLIED
AGAINST THE SENTENCE SET ASIDE IN ACCORDANCE WITH
SUBSECTION (A), AND THE REMAINING TERM OF A DEFINITE OR
LIFE SENTENCE OR THE REMAINING MINIMUM AND MAXIMUM TERMS
OF AN INDETERMINATE SENTENCE SHALL BE DIMINISHED THEREBY.
[[(D) THE CREDIT REQUIRED BY SUBSECTIONS (A), (B)
AND (C) OF THIS SECTION SHALL BE AWARDED AS FOLLOWS:
(1) AT THE TIME OF SENTENCING, THE TRIAL JUDGE
AFTER HAVING COMMUNICATED WITH THE PARTIES SHALL INFORM
THE DEFENDANT AND SHALL STATE ON THE RECORD THE AMOUNT OF
TIME THAT IS TO BE CREDITED AND THE FACTS UPON WHICH THE
PROVISION FOR CREDIT ARE BASED; AND
(2) THE CLERK OF THE COURT SHALL TRANSMIT TO THE
DIVISION OF CORRECTION OR OTHER PLACE OF CONFINEMENT, IF
THE SENTENCE IS FOR A TERM OF CONFINEMENT, TOGETHER WITH
THE COMMITMENT PAPERS, A STATEMENT OF THE CREDIT TO WHICH
THE DEFENDANT IS ENTITLED; AND
(3) THE OFFICIALS OF THE DIVISION OF CORRECTION,
OR OF ANY OTHER PLACE OF CONFINEMENT, UPON RECEIPT OF THE
COMMITMENT PAPERS AND THE STATEMENT OF CREDIT DESCRIBED
HEREIN, SHALL IMMEDIATELY COMPUTE THE PERSON'S SENTENCE,
AUTOMATICALLY AWARDING THE CREDIT PROVIDED FOR IN THE
STATEMENT OF CREDIT, AND IN WRITING, SHALL INFORM THE
PERSON AND THE BOARD OF PAROLE OF THE PERSON'S SENTENCE
STATUS.]]
(D) THE CREDIT REQUIRED BY SUBSECTIONS (A), (B)
AND (C) OF THIS SECTION SHALL BE AWARDED BY THE TRIAL
JUDGE AT THE TIME OF SENTENCING. AFTER HAVING
COMMUNICATED WITH THE PARTIES. THE JUDGE SHALL INFORM THE
DEFENDANT AND SHALL STATE ON THE RECORD THE AMOUNT OF
TIME THAT IS TO BE CREDITED AND THE FACTS UPON WHICH THE
PROVISION FOR CREDIT IS BASED.
SECTION 2. AND BE IT FURTHER ENACTED, That Section
122 of Article 41 — Governor — Executive and
Administrative Departments, of the Annotated Code of
Maryland (1971 Replacement Volume and 1973 Supplement) be
and it is hereby repealed and re-enacted, with
amendments, to read as follows:
Article 41 — Governor — Executive and Administrative
Departments
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