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3532
VETOES
House Bill No. 579
AN ACT concerning
Credit Against Sentence for Time Spent in Custody
FOR the purpose of establishing that the concept of giving
credit against sentence for time spent in custody does
not apply to a parolee who commits a subsequent offense
and is incarcerated prior to the date on which he is
sentenced for the subsequent offense.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 638C(a)
Annotated Code of Maryland
(1976 Replacement Volume and 1980 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 27 - Crimes and Punishments
638C.
(a) Any person who is convicted and sentenced shall
receive credit against the term of a definite or life
sentence or credit against the minimum and maximum terms of
an indeterminate sentence for all time spent in the custody
of any state, county or city jail, correctional institution,
hospital, mental hospital or other agency as a result of the
charge for which sentence is imposed or as a result of the
conduct on which the charge is based, and the term of a
definite or life sentence or the minimum and maximum terms
of an indeterminate sentence shall be diminished thereby. In
any case where a person has been in custody due to a charge
that culminated in a dismissal or acquittal, the amount of
time that would have been credited against a sentence for
the charge, had one been imposed, shall be credited against
any sentence that is based upon a charge for which a warrant
or commitment was lodged during the pendency of such
custody. In all other cases, the sentencing court shall have
the discretion to apply credit against a sentence for time
spent in custody for another charge or offense. THIS
SECTION DOES NOT APPLY TO A PAROLEE WHO IS RETURNED TO THE
CUSTODY OF THE DIVISION OF CORRECTION AS A RESULT OF A
SUBSEQUENT OFFENSE AND IS INCARCERATED PRIOR TO THE DATE ON
WHICH HE IS SENTENCED FOR THE SUBSEQUENT OFFENSE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.
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