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Session Laws, 1986
Volume 768, Page 2521   View pdf image
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HARRY HUGHES, Governor

2521

(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 custody provided the remaining term
of the person's confinement exceeds 6 months.

(d)  The director shall consult with and generally inform
the community advisory board periodically with respect to the
persons placed in the center.

(E) IN CECIL COUNTY, NOTWITHSTANDING ANY OTHER PROVISION IN
THIS SECTION:

(1)  THE COMMISSIONER MAY PLACE A PERSON IN A THE
CENTER IF THE PERSON:

(I)  HAS BEEN COMMITTED BY THE COURT TO THE
CUSTODY OF THE COMMISSIONER;

(II)  IS LEGALLY A RESIDENT OF CECIL COUNTY;

(III)  HAS LESS THAN 6 MONTHS REMAINING ON THE
SENTENCE, OR HAS LESS THAN 6 MONTHS REMAINING UNTIL A DETERMINED
PAROLE DATE, OR HAS A SENTENCE OF 3 YEARS 18 MONTHS OR LESS; AND

(IV)  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 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; AND

(2)  THE COURT MAY RECOMMEND THAT A PERSON BE PLACED
IN A CENTER.

 

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Session Laws, 1986
Volume 768, Page 2521   View pdf image
 Jump to  
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