H.B. 407                                                 VETOES

(c) A public provider and its agents shall be liable for the negligent acts or
omissions of the public provider and its agents in providing projects or services to, or
performing duties for or on behalf of, a community service program to the extent
permitted by the provisions of the Maryland Tort Claims Act or the Local Government
Tort Claims Act.

(d) This section does not affect and may not bo construed as affecting:

(1) The liability of an offender;

(2) Any immunities from civil liability or any defense established by any
other provision of the Code or at common law;

(3)     Any limitation on damages established by law to which a provider or its
agents otherwise may be entitled; or

(4)     The liability of a provider or its agents for an act or omission of the
provider or its agents that constitutes gross negligence, reckless or wanton misconduct, or
intentionally tortious conduct.

(e) This section does not create, and may not be construed as creating, a new
cause of action or substantive legal right against a provider or its agents.

SECTION 3. 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 27 - Crimes and Punishments

139.

(a) (1) If any individual who is legally detained in the State penitentiary or a
jail, house of correction, reformatory, station house, or other place of confinement in this
State or who is committed to the Alcohol and Drug Abuse Administration for
examination or inpatient treatment escapes, the individual is guilty of a felony and on
conviction by the circuit court for the county in which the escape takes place, is subject to
confinement in the State penitentiary or a jail or house of correction for an additional
period not exceeding 10 years. The sentence imposed under this subsection shall be
consecutive to any sentence which was being served at the time of the escape, or any
sentence which had been imposed but was not yet being served at the time of sentencing
on the escape. A sentence imposed under this subsection may not be suspended.

(2) (i) The following are places of confinement for the purposes of this
section:

1.       Detention centers and youth centers operated by the
Department of Juvenile [Services] JUSTICE;

2.       The programs for committed delinquent or detained youth at
the Charles H. Hickey, Jr. School, the Thomas O'Farrell Youth Center, the Doncaster
Facility, and the Victor Cullen Center; and

3.       The programs for committed delinquent youth operated by
the Department of Juvenile [Services] JUSTICE at the Cheltenham Youth Facility.

- 4176 -