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Session Laws, 1999
Volume 796, Page 451   View pdf image
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8-105 of this article. The comprehensive term that is defined in this
subsection applies throughout this article and includes former references
to "jail", "prison", "detention center", "penal institution", "reformatory",
"institution", "lock-up", "community correctional facility", "work release
facility", "pre-release facility", and various other similar terms. See
General Revisor's Note to this article.

For an interpretation of the meaning of former Art. 27, § 122A(a)(4), see 83
Op. Att'y Gen.__(1998) .

(E) COUNTY.

"COUNTY" MEANS A COUNTY OF THE STATE AND BALTIMORE CITY.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 707(d) and former Art. 41, §
4-401(b)(3).

Article 1, § 14(a) of the Code provides that "county" includes Baltimore
City "unless such construction would be unreasonable". Since the word
"unreasonable" in that section has been interpreted in various ways, the
Correctional Services Article Review Committee decided that an explicit
definition of "county" should be included in this article. Therefore, former
Art. 27, § 707(d) and former Art. 41, § 4-401(b)(3) are revised in this
subsection to apply throughout this article, even though Art. 27, § 707(d)
formerly applied only to those provisions now in Title 11, Subtitle 3 of this
article and Art. 41, § 4-401(b)(3) formerly applied only to those provisions
now in Title 8, Subtitle 2 of this article.

(F) DEPARTMENT.

"DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 31B, § 1(d) and former Art. 41, §§
4-501(10), 4-1101(d), 4-1301(a)(3), and 4-1402(c).

Although these former provisions applied only to particular titles and
subtitles, they are revised to apply throughout this article.

(G) DIVISION OF CORRECTION.

"DIVISION OF CORRECTION" MEANS THE DIVISION OF CORRECTION IN THE
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES.

REVISOR'S NOTE: This subsection is new language added to avoid repetition
of the full reference to the "Division of Correction in the Department of
Public Safety and Correctional Services".

(H) DIVISION OF PAROLE AND PROBATION.

 

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Session Laws, 1999
Volume 796, Page 451   View pdf image
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