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Session Laws, 1976
Volume 734, Page 1814   View pdf image
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1814

LAWS OF MARYLAND

Ch. 653

DIVISION OF CORRECTION OR AGAINST A PRISONER CONFINED AS
A DEFECTIVE DELINQUENT OR FOR EVALUATION AT PATUXENT
INSTITUTION, THE DIVISION SHALL NOTIFY PROMPTLY THE
WARDEN, SUPERINTENDENT, OR DIRECTOR OF THE INSTITUTION IN
WHICH THE PRISONER IS CONFINED OF THE DETAINER LODGED
AGAINST THE PRISONER AND OF THE UNTRIED INDICTMENT,
INFORMATION, WARRANT, OR COMPLAINT UPON WHICH IT IS
BASED. THE WARDEN, SUPERINTENDENT, DIRECTOR, OR COUNTY
OR CITY LAW ENFORCEMENT OFFICER HAVING CUSTODY OF THE
PRISONER, WITHIN 15 DAYS OF RECEIVING NOTICE OF THE
DETAINER AND OF THE UNTRIED INDICTMENT, INFORMATION,
WARRANT, OR COMPLAINT, UPON WHICH IT IS BASED, SHALL
INFORM THE PRISONER IN WRITING OF THE SOURCE AND CONTENTS
OF THE DETAINER LODGED AGAINST HIM AND SHALL INFORM HIM
OF HIS RIGHT TO MAKE A REQUEST FOR FINAL DISPOSITION OF
THE INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT UPON
WHICH THE DETAINER IS BASED. IF THE PRISONER IS NOT
INFORMED WITHIN ONE YEAR OF THE DETAINER LODGED AGAINST
HIM AND OF HIS RIGHT TO MAKE A REQUEST FOR FINAL
DISPOSITION OF THE INDICTMENT, INFORMATION, WARRANT, OR
COMPLAINT UPON WHICH THE DETAINER IS BASED, THE COURT
SHALL NO LONGER HAVE JURISDICTION THEREOF, AND THE
UNTRIED INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT
SHALL HAVE NO FURTHER FORCE OR EFFECT. IN THAT CASE THE
COURT SHALL ENTER AN ORDER DISMISSING THE UNTRIED
INDICTMENT, INFORMATION, WARRANT OR COMPLAINT WITHOUT
PREJUDICE.

(D)   THE PRISONER, HAVING BEEN NOTIFIED OF THE
DETAINER LODGED AGAINST HIM, MAY REQUEST THE WARDEN,
SUPERINTENDENT, DIRECTOR, OR COUNTY OR CITY LAW
ENFORCEMENT OFFICER HAVING CUSTODY OF HIM TO FILE HIS
REQUEST FOR FINAL DISPOSITION OF THE UNTRIED INDICTMENT,
INFORMATION, WARRANT, OR COMPLAINT, ALONG WITH THE
STATEMENT REQUIRED TO BE SUBMITTED IN SUBSECTION (B) OF
THIS SECTION. IT IS THE DUTY OF THE WARDEN,
SUPERINTENDENT, DIRECTOR, OR COUNTY OR CITY LAW
ENFORCEMENT OFFICER, UPON NOTIFICATION BY THE PRISIONER,
TO FILE WITHIN 30 DAYS THE PRISONER'S REQUEST FOR FINAL
DISPOSITION, AND THE STATEMENT REQUIRED BY SUBSECTION (B)
OF THIS SECTION WITH THE APPROPRIATE STATE'S ATTORNEY AND
THE APPROPRIATE COURT. THE PRISONER'S REQUEST FOR FINAL
DISPOSITION AND THE REQUIRED STATEMENT SHALL BE FILED BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

(E)    IF THE UNTRIED INDICTMENT, INFORMATION,
WARRANT, OR COMPLAINT, FOR WHICH REQUEST FOR DISPOSITION
IS MADE, IS NOT BROUGHT TO TRIAL WITHIN THE TIME
LIMITATION SET FORTH IN SUBSECTION (B) OF THIS SECTION,
THE COURT NO LONGER HAS JURISDICTION, AND THE UNTRIED
INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT HAS NO
FURTHER FORCE OR EFFECT. IN THAT CASE, THE COURT UPON
REQUEST OF THE PRISONER OR HIS COUNSEL SHALL ENTER IN
ORDER DISMISSING THE UNTRIED INDICTMENT WITHOUT
PREJUDICE.

[[(G) THIS SECTION SHALL BE LIBERALLY CONSTRUED SO
AS TO EFFECTUATE ITS PURPOSES. IT SHALL BE MANDATORY

 

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Session Laws, 1976
Volume 734, Page 1814   View pdf image
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