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Session Laws, 1980
Volume 739, Page 1944   View pdf image
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1944

LAWS OF MARYLAND

Ch. 534

(3) If the person was convicted of a crime of
violence, his transfer is accepted by the director of the
center.

(c) For purposes of this section, a crime of violence
means abduction, arson, kidnapping, maiming, murder, rape,
robbery, including robbery with a deadly weapon, and assault
with intent to commit any of these crimes.] IS CONSIDERED A
RESIDENT OF THE COUNTY IN WHICH THE CENTER IS LOCATED, OR IF
A REGIONAL CENTER, ONE OF THE COUNTIES COMPRISING THE
REGION;

(2)  HAS LESS THAN 6 MONTHS REMAINING ON THE
SENTENCE OR LESS THAN 6 MONTHS PRIOR TO A DETERMINED PAROLE
DATE, OR HAS A SENTENCE OF 3 YEARS OR LESS; AND

(3)  HE HAS BEEN SCREENED BY A CENTER STAFF
MEMBER AND AFTER REVIEW OF THE SCREENING DATA, THE CENTER
DIRECTOR APPROVES THE TRANSFER BASED UPON SCREENING
STANDARDS AGREED TO BETWEEN THE BY THE COMMUNITY ADVISORY
BOARD, THE CENTER DIRECTOR AND THE COMMISSIONER. THE
SCREENING STANDARDS SHALL INCLUDE A PRESENTENCE
INVESTIGATION REPORT IF AVAILABLE AND A COMPLETE RECORD OF
PREVIOUS CONVICTIONS.

(B)  THE CENTER DIRECTOR MAY REVOKE A PERSON'S
PARTICIPATION IN THE CENTER IF THE PERSON VIOLATES THE TERMS
OR CONDITIONS OF THE CENTER. CENTER, ESTABLISHED BY THE
CENTER DIRECTOR WITH THE ADVICE OF THE COMMUNITY ADVISORY
BOARD.

(C) (1) WHENEVER A PERSON IS DETAINED IN OR SENTENCED
TO A COUNTY JAIL, DETENTION CENTER, OR COUNTY AGENCY
OPERATING THE JAIL OR DETENTION CENTER, THE JUDGE ORDERING
THE CONFINEMENT, OR IF THAT JUDGE IS UNABLE TO ACT, THEN ANY
JUDGE OF THE COMMITTING COURT AT ANY TIME DURING THE PERIOD
OF CONFINEMENT MAY APPROVE THE TRANSFER OF THAT PERSON TO A
CENTER PROVIDED THAT THE CENTER DIRECTOR HAS RECOMMENDED TO
THE COURT THAT THE PERSON BE PLACED IN THE CENTER BASED ON
LOCALLY ESTABLISHED SELECTION PROCEDURES FOR THE CENTER.

(2)  AFTER A PERSON ENTERS A CENTER, THE JUDGE
ORDERING THE CONFINEMENT, OR IF THAT JUDGE IS UNABLE TO ACT,
ANY JUDGE OF THE COMMITTING COURT MAY ORDER THE RELEASE OF
THE PERSON FROM CUSTODY IF THE CENTER'S DIRECTOR MAKES THE
RECOMMENDATION BASED ON A REPORT OF THE PERSON'S PERFORMANCE
IN THE PROGRAM.

(3)  THE CENTER DIRECTOR MAY REVOKE A PERSON'S
PARTICIPATION IN THE CENTER IF THE PERSON VIOLATES THE TERMS
OR CONDITIONS OF THE CENTER. BASED ON THE CENTER DIRECTOR'S
REPORT TO THE COURT SHOWING CAUSE FOR REVOCATION, THE JUDGE
OF THE COMMITTING COURT MAY DESIGNATE THE MARYLAND DIVISION
OF CORRECTION AS THE AGENCY OF CUTODY PROVIDED THE REMAINING
TERM OF THE PERSON'S CONFINEMENT EXCEEDS 6 MONTHS.

 

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Session Laws, 1980
Volume 739, Page 1944   View pdf image
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