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Session Laws, 1999
Volume 796, Page 629   View pdf image
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In subsection (b)(2) of this section, the requirement that an application for
a search warrant be "verified" by the applicant is substituted for the
former requirement that an application be "signed and sworn to" by the
applicant for consistency with similar provisions in this and other revised
articles of the Code. See General Revisor's Note to this article.

In subsection (b)(3) of this section, the former reference to a search "to be
performed by the applicant" is deleted as implicit in the reference to a
"search".

In subsection (d)(2) of this section, the reference to a search conducted "in
accordance with a search warrant issued under this section" is added to
state expressly what was only implied in the former law.

In subsection (e)(1) of the section, the phrase "from the date of issuance" is
added to state expressly that which was formerly only implied in the
phrase "not to exceed 30 days".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that there is an inconsistency
between the use of the terms "dwelling" and "premises" in this section.
Under subsection (a) of this section, the Director may apply for a search
warrant to enter the "approved dwelling" of an inmate. Subsection (b) of
this section requires the applicant to describe the "premises" to be
searched. Subsection (c) of this section allows a judge to issue a search
warrant when obtaining consent to enter the "premises" may jeopardize an
attempt to take custody of the inmate. Subsection (d) of this section
requires a search warrant that is issued under this section to specify the
location of the "premises" to be searched. The Committee is uncertain as to
whether the words "dwelling" and "premises" are synonymous or,
alternatively, whether the word "premises" has a broader meaning. The
General Assembly may wish to amend this section to use either "dwelling"
or "premises" throughout the entire section. See also § 3-415 of this article
and accompanying Revisor's Note.

Defined terms: "Director" § 6-101
"Offender" § 6-101
"Program" § 6-101

6-110. VISITORIAL POWERS OF PAROLE AGENTS.

EACH DULY QUALIFIED PAROLE AGENT OF THE DIVISION HAS VISITORIAL
POWERS OVER ANY CORRECTIONAL FACILITY IN WHICH AN INMATE IS CONFINED ON
A CRIMINAL CHARGE, WHETHER THE CORRECTIONAL FACILITY IS OPERATED BY THE
STATE OR BY A COUNTY OR MUNICIPAL CORPORATION OF THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 41, § 4-606, as it related to
the powers of parole agents.

The reference to a "municipal corporation" is substituted for the former

 

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Session Laws, 1999
Volume 796, Page 629   View pdf image
 Jump to  
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