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Session Laws, 1999
Volume 796, Page 527   View pdf image
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EXCEPT FOR A DISCLOSURE UNDER SUBSECTION (B)(5) OR (6) OF THIS SECTION,
AN INMATE'S CASE RECORD MAY BE DISCLOSED ONLY IF THE MANAGING OFFICIAL
OF THE CORRECTIONAL FACILITY:

(1) APPROVES THE DISCLOSURE; AND

(2) IS SATISFIED THAT:

(I) EACH APPLICABLE CONDITION SET FORTH IN SUBSECTION (B)
OF THIS SECTION HAS BEEN MET;

(II) THE RECORD WILL BE USED SOLELY FOR THE LEGITIMATE
PURPOSES OF THE PERSON OR GOVERNMENTAL UNIT THAT RECEIVES IT AND NOT
FOR ANY IMPROPER OR UNAUTHORIZED PURPOSE, AND

(III) THE RECORD WILL NOT BE FURTHER DISSEMINATED TO A
PERSON OR GOVERNMENTAL UNIT NOT AUTHORIZED TO RECEIVE IT.

(D) REGULATIONS.

THE COMMISSIONER SHALL ADOPT REGULATIONS IN ACCORDANCE WITH THIS
SECTION TO ESTABLISH PROCEDURES THAT GOVERN THE DISCLOSURE OF AN
INMATE'S CASE RECORD.

REVISOR'S NOTE: This section is new language derived .without substantive
change from former Art. 27, § 695(a), (b), and (c).

In subsection (a) of this section, the reference to "maintained" is
substituted for the former reference to "prepared" for consistency with §§
3-601(d), 3-603, 3-604(a), 3-606, and 3-607(a) of this subtitle.

Also in subsection (a) of this section, the reference to except "as otherwise
provided in this subtitle" is substituted for the former limited reference to
the exceptions revised in subsection (b) of this section to reflect the other
exceptions found in this subtitle. See, e.g., §§ 3-604, 3-607, 3-608, and
3-609 of this subtitle.

In subsection (b)(7)(i) of this section, the reference to a State "unit" is
substituted for the former reference to a State "department or agency" for
consistency throughout this article. See General Revisor's Note to this
article.

Also in subsection (b)(7)(i) of this section, the former reference to a "State"
law enforcement agency is deleted as included in the reference to "any
State unit".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(7)(i) of this
section allows disclosure of a case record to an employee of the Patuxent
Institution only after the Division has received a written request for
disclosure. The General Assembly may wish to amend subsection (b) of this
section to allow disclosure of a case record to an employee of the Patuxent
Institution without a written request.

 

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Session Laws, 1999
Volume 796, Page 527   View pdf image
 Jump to  
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