MARVIN MANDEL, Governor

Section 3-823(c)

Annotated Code of Maryland

(1974 Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That Section 3—823(c) of Article - Courts and

Judicial Proceedings, of the Annotated Code of Maryland

(1974 Volume and 1974 Supplement) be and it is hereby

repealed and re-enacted, with amendments, to read as
follows:

Article — Courts and Judicial Proceedings

3-823.

(c) A child alleged to be delinquent may not be
detained in a facility to which children who have been
adjudicated delinquent are committed, or in a jail or
other facility for the detention of adults, unless:

(1)    Adequate facilities have not been
established; and

(2)     It appears to the satisfaction of the
court, or other person designated by the court, that
public safety and protection reasonably require
detention. A child may not be confined in a jail or
other facility for the detention of adults, unless in a
room or ward entirely separated from adults.

(3)    After January 1, [1975] 1978, a child
alleged to be delinquent may not be detained in a jail or
other facility for the detention of adults or in a
facility to which delinquents are committed.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
is hereby declared to be an emergency measure and
necessary for the immediate preservation of the public
health and safety and having been passed by a yea and nay
vote supported by three—fifths of all the members elected
to each of the two Houses of the General Assembly, the
same shall take effect from the date of its passage.

Approved April 22, 1975.

CHAPTER 518
(House Bill 771)