MARVIN MANDEL, Governor

3273

"work release" program; requiring the Department of
Correction to deduct a certain amount ordered as
restitution from the prisoner's earnings; and
correcting certain language.

BY repealing and re—enacting, with amendments,

Article 27 — Crimes and Punishments

Section 637 and 700A(d)

Annotated Code of Maryland

(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 637 and 700A(d) of Article 27 -
Crimes and Punishments, of the Annotated Code of Maryland
(1971 Replacement Volume and 1974 Supplement) be and they
are hereby repealed and re—enacted, with amendments, to
read as follows:

Article 27 — crimes and Punishments

637.

In all cases where restitution or reparation is
adjudged to be made to the party injured and immediate
restitution or reparation is not fully made, the court
before whom the offender is convicted shall[, at the
instance of the party injured,] EITHER issue execution
against the property of [such] THE convicted person in
the name of the person injured for the value of the
property taken, or so much thereof as is not restored,
[such] THE value to be estimated by the [said] court, OR
ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED 20 PERCENT
OF ANY EARNINGS LESS OTHER DEDUCTIONS REQUIRED BY LAN TO
BE PAID OUT OF ANY FUNDS EARNED BY THE DEFENDANT UNDER A
"WORK RELEASE" PLAN. [; but nothing herein contained
shall be construed to] THE PROVISIONS OF THIS SECTION MAY
NOT deprive the party injured from having and maintaining
a civil action against [such] THE offender, either before
or after conviction, or against any other person, for the
recovery of the money received or property taken, or the
value thereof.

700A.

(d) A prisoner employed in the community under a
"work release" plan shall surrender to the Department of
Correction his total earnings, less payroll deductions
required by law. The Department shall deduct from such
earnings, in the following order of priority, an amount
determined to be the cost to the State of providing food,