HARRY HUGHES, Governor

1079

STATE PENITENTIARY OR A JAIL OR HOUSE OF CORRECTION FOR AN
ADDITIONAL PERIOD NOT EXCEEDING 10 YEARS. A SENTENCE
IMPOSED UNDER THIS SUBSECTION SHALL BE CONSECUTIVE TO THE
SENTENCE UNDER WHICH THE INDIVIDUAL ORIGINALLY WAS CONFINED
AND MAY NOT BE SUSPENDED.

(2) AN INSTITUTION OR AGENCY THAT OPERATES UNDER
THE AUTHORITY OF THE JUVENILE SERVICES ADMINISTRATION AND
TREATS CHILDREN WHO ARE ADJUDICATED DELINQUENT IS A PLACE OF
CONFINEMENT FOR THE PURPOSE OF THIS SECTION. HOWEVER, FOR
AN ESCAPE FROM A JUVENILE INSTITUTION OR AGENCY THAT DOES
NOT INVOLVE AN ASSAULT, THE SENTENCE MAY NOT EXCEED
CONFINEMENT FOR 3 YEARS.

(B)  AN ESCAPEE WHO IS CONVICTED UNDER THIS SECTION IS
LIABLE FOR ALL EXPENSES INCURRED IN THE RETURN OF THE
ESCAPEE TO THE JURISDICTION OF THE DIVISION OF CORRECTION.
THE COMMISSIONER SHALL NOTIFY THE RETURNED ESCAPEE OF ANY
CHARGES. A HEARING SHALL BE GRANTED TO ANY RETURNED ESCAPEE
WHO WISHES TO CHALLENGE THE REASONABLENESS OF THE CHARGES.
THE COMMISSIONER OF CORRECTION MAY ESTABLISH APPROPRIATE
RULES, REGULATIONS, AND PROCEDURES FOR CHARGING AN ESCAPEE
WITH EXPENSES, COLLECTING THOSE EXPENSES, AND FOR HEARINGS
TO CHALLENGE THOSE EXPENSES.

(C)  A PERSON WHO AIDS IN THE ESCAPE OF THE INDIVIDUAL
UNDER THIS SECTION IS GUILTY OF A FELONY AND ON CONVICTION
BY THE CIRCUIT COURT OF THE COUNTY IN WHICH THE ESCAPE TAKES
PLACE IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS.

REVISOR'S NOTE: Ch. ___, Acts of 1982, which enacted

the Health - General Article, also repealed
former Article 27, § 139 and enacted this section
to incorporate, in subsection (a) of this
section, the substance of former Article 43B, §
17 and former Article 52A, § 10(b), which made
escape from the Drug Abuse Administration or
certain juvenile institutions a felony.

Subsection (c) of this section also is revised to
make the aider of an escapee guilty of a felony.
However, the Commission to Revise the Annotated
Code notes, for consideration by the General
Assembly, that the scope of subsection (b) of
this section has not been expanded to encompass
the escapes under former Article 43B, § 17 or
Article 52A, § 10(b). Since, e.g., a drug abuser
is returned to the custody of the Administration,
rather than the Commissioner of Correction, it
was unclear whether the former law intended for
the provisions of subsection (b) of this section
to apply to those escapes. See HG §§ 9-646 and
9-649.

In subsection (c) of this section, the reference