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Session Laws, 1976
Volume 734, Page 1812   View pdf image
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1812

LAWS OF MARYLAND

Ch. 653

Maryland (1971 Replacement Volume and 1975 Supplement) be
and they are hereby repealed:

Article 27 — Crimes and Punishments

616S.

[(a) Whenever the Department of Correction receives
a detainer against any prisoner serving a sentence in any
correctional institution under the jurisdiction of the
Department or whenever any county or city jail receives a
detainer against any prisoner serving a sentence in the
county or city jail any such prisoner shall be brought to
trial within 120 days after the request of the prisoner
for final disposition of the indictment, information, or
complaint has been delivered to the State's Attorney of
the City of Baltimore or of the county in which the
indictment, information, or complaint is pending and to
the appropriate court; provided that for good cause shown
in open court, the prisoner or his counsel being present,
the court having jurisdiction of the matter may grant any
necessary or reasonable continuance. The request of the
prisoner shall be filed within 30 days of the prisoner's
notification of any untried indictment, information, or
complaint and shall be accompanied by a statement from
the warden or superintendent having custody, setting
forth the term of the commitment under which the prisoner
is being held, the time already served, the time
remaining to be served on the sentence, the amount of
good time earned, the date of parole eligibility of the
prisoner, and any decisions of the Board of Parole and
Probation relating to the prisoner. The written notice
and statement provided herein shall be delivered by
certified mail.

(b)    The warden, superintendent or county or city
law enforcement officer having custody of the prisoner
shall inform the prisoner within 15 days in writing of
the source and contents of any untried indictment,
information, or complaint against said prisoner
concerning which the warden, superintendent or county or
city law enforcement officer has knowledge, and of the
prisoner's right to make a request for final disposition
thereof.

(c)    If action is not commenced on the matter for
which request for disposition was made, within the time
limitation set forth in subsection (a) above, the court
shall no longer have jurisdiction thereof, and the
untried indictment shall have no further force or effect;
and in such case the court shall enter an order
dismissing the untried indictment with prejudice.]

SECTION 2. AND BE IT FURTHER ENACTED, That Section
616S(d) of Article 27 — Crimes and Punishments, of the
Annotated Code of Maryland (1971 Replacement Volume and
1975 Supplement) be and it is hereby renumbered to be
Section 616S(f).

 

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Session Laws, 1976
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