3942

VETOES

to the local jurisdictions for prisoners sentenced to local
detention centers for sentences of between three to eighteen
months. The third paragraph provides an alternate reimbursement
formula. Thus, of the provisions of subsection (c), only
paragraph (1) specifically involves "sentencing". Therefore,
"prisoners sentenced under subsection (c)" are those sentenced to
local detention centers because the sentence is below the minimum
for a sentence to the Division. Under subsection (h), these
prisoners must be transferred to the Division if their
confinement in the local detention center would cause the rated
capacity to be exceeded.

In our view, this result does not conflict with the opening
phrase of paragraph (c)(1) which reads: "Notwithstanding any
provision of this article or any other law to the contrary."
That language was added in the House, before subsection (h) was
added, and therefore could not have been drafted with subsection
(h) in mind. Instead, the probable intent of that language was
to make it clear that the provisions of paragraph (c)(1) were
intended to prevail over penalty provisions spread throughout the
Code which provide that violators, on conviction, are to be
sentenced to "the penitentiary". 4/ In addition, subsection (h)
does not require that the judge not sentence the prisoner to the
local detention center when that is required by paragraph (c)(1)
but that, once sentenced, the prisoner be transferred to the
Division.

Very truly yours,
Stephen H. Sachs
Attorney General

1/ Previously, "local detention centers" served only one county,
while "regional detention centers" served more than one.

2/ Subsection (h) reads as follows:

(h) If the confinement of prisoners sentenced under
subsection (c) of this section in a local detention center,
including a local jail, of a county or Baltimore City would
cause the rated prisoner capacity of the detention center
to be exceeded, the prisoners shall be in the custody of
the Commissioner of Correction until the county or
Baltimore City has completed construction or enlargement of
its detention facilities under § 705 of this article to
accommodate the additional prisoners, or until the
completion of their sentence, whichever comes first.

3/ Prisoners sentenced to local detention centers are actually
"sentenced under" § 705G.

4/ See, for example Art. 27, § 51.