MARVIN MANDEL, Governor

2205

(A)    IN ANY CRIMINAL CASE IN THE DISTRICT COURT,
THE COURT MAY CORRECT AN ILLEGAL SENTENCE AT ANY TIME.

(B)    (1) FOR A PERIOD OF 90 DAYS AFTER IMPOSITION
OF A SENTENCE, OR THEREAFTER [[ACCORDING]] PURSUANT TO A
MOTION FILED WITHIN THAT PERIOD, THE COURT SHALL HAVE
REVISORY POWER AND CONTROL OVER THE JUDGMENT OR OTHER
JUDICIAL ACT FORMING A PART OF THE PROCEEDINGS. THE
COURT, ACCORDING TO THIS SECTION, MAY MODIFY OR. REDUCE,
BUT MAY NOT INCREASE, THE LENGTH OF A SENTENCE. AFTER
THE EXPIRATION OF THAT PERIOD, THE COURT HAS REVISORY
POWER AND CONTROL ONLY IN CASE OF FRAUD, MISTAKE, OR
IRREGULARITY.

(2)    A MODIFICATION OR REDUCTION OF SENTENCE
SHALL BE MADE IN OPEN COURT AND ONLY AFTER NOTICE TO THE
DEFENDANT AND THE STATE'S ATTORNEY. A NEW JUDGMENT OF
CONVICTION, SETTING FORTH THE REVISED SENTENCE AND
SPECIFYING THE MODIFICATION OR REDUCTION MADE, SHALL BE
ENTERED OF RECORD SO THAT THE DOCKET ENTRIES REFLECT THE
ACTION TAKEN.

(3)    THE COURT, ACCORDING TO A MOTION FILED
WITHIN THE TIME SET FORTH IN PARAGRAPH (1) OF THIS
SUBSECTION, MAY GRANT A NEW TRIAL OR OTHER APPROPRIATE
RELIEF ON THE GROUND OF NEWLY DISCOVERED EVIDENCE WHICH
BY DUE DILIGENCE COULD NOT HAVE BEEN DISCOVERED IN TIME
TO MOVE FOR A NEW TRIAL UNDER SECTION (A) OF M.D.R. 759
(MOTIONS AFTER VERDICT).

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 799

(House Bill 1630)

AN ACT concerning

Mental Retardation Administration -
Residential Facilities

FOR the purpose of prohibiting certain residential
facilities under the jurisdiction of the Mental
Retardation Administration from exceeding a certain
capacity for residents[[; and requiring certain
existing facilities to reduce their capacity to a
certain number if they undergo renovations]].