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The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (a) of this section is
inconsistent with similar provisions relating to the Division of Correction,
local correctional facilities, and the Patuxent Institution. Under §§ 4-210
and 9-606 of this article, the managing official of a correctional facility
may authorize treatment for a juvenile inmate only "[o]n the
recommendation of a health care provider". The General Assembly may
wish to amend subsection (a) of this section to include a similar
requirement.
The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that the meaning of subsection (b)
of this section is unclear in light of SG § 12-105 and CJ § 5-522(b), which
grant immunity from liability to State personnel. Under SG § 12-105 and
CJ § 5-522(b), State personnel are immune from suit in State courts and
from liability in tort for a tortious act or omission that is within the scope
of the public duties of the State personnel and is made without malice or
gross negligence. The Committee is uncertain as to whether subsection (b)
of this section establishes any additional protection against liability for the
Director or the Director's designee. The General Assembly may wish to
examine this issue. See also § 4-210(b) of this article.
Defined term: "Inmate" § 1-101
GENERAL REVISOR'S NOTE TO TITLE:
Former Art. 41, §§ 4-1411 through 4-1413 are transferred to the Session Laws.
TITLE 6. PAROLE AND PROBATION.
SUBTITLE 1. DIVISION OF PAROLE AND PROBATION.
6-101. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
REVISOR'S NOTE: This subsection formerly was Art. 41, § 4-602A(a)(l).
No changes are made.
(B) COMMISSION.
"COMMISSION" MEANS THE MARYLAND PAROLE COMMISSION.
REVISOR'S NOTE: This subsection formerly was Art. 41, § 4-602A(a)(2).
No changes are made.
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