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(C) ESCAPE.
AN INMATE WHO WILLFULLY VIOLATES § 3-406 OF THIS SUBTITLE IS GUILTY OF
ESCAPE AND ON CONVICTION IS SUBJECT TO THE PENALTIES ESTABLISHED UNDER
ARTICLE 27, § 139 OF THE CODE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 689A(i).
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c) of this section is
one of many provisions in this article that relates to inmates who escape
while legitimately outside the confines of a correctional facility (e.g., while
on work release, home detention, pretrial release, weekend leave,
compassionate leave, family leave, etc.). For a discussion of the
Committee's perspective on these provisions, see § 3-305(c) of this article
and accompanying Revisor's Note.
Defined terms: "Division" § 3-101
"Inmate" § 1-101
"Program" § 3-401
3-410. AGENCY RELATIONSHIP.
AN INMATE IN THE PROGRAM IS NOT AN AGENT OR EMPLOYEE OF THE
DIVISION.
REVISOR'S NOTE: This section formerly was Art. 27, § 689A(j)(1).
In subsection (b) of this section, the reference to a "crime" is substituted for
the former reference to a "misdemeanor or a felony" for brevity.
Former Art. 27, § 689A(j)(2) is deleted as unnecessary in light of § 10-304
of this article, which provides that the purpose of the Sundry Claims Board
is to administer benefits to an inmate who, while in the Patuxent
Institution, the Baltimore City Detention Center, or any correctional
facility in the Division of Correction: (1) was engaged in any work for which
wages or a stipulated sum was paid by the Patuxent Institution, the
Baltimore City Detention Center, or any correctional facility in the
Division of Correction; and (2) sustained a permanent partial or
permanent total disability as a result of a personal injury arising out of
and in the course of work for which wages or a stipulated sum was paid by
the Patuxent Institution, the Baltimore City Detention Center, or any
correctional facility in the Division of Correction and that incapacitated
the inmate or materially reduced the inmate's earning power. By its own
terms, § 10-304 of this article does not apply to injuries sustained during
private employment by an inmate in the home detention program. No
substantive change is intended.
The only other changes are in style.
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