The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of this section is
unclear for several reasons. The Committee is uncertain about what types
of employees constitute "parole agents" because "parole agent" is not a
defined term in this subtitle. The Committee is uncertain about how a
parole agent becomes "duly qualified" because there was no indication in
former Art. 41, § 4-606 as to the meaning of this term. Finally, the
Committee is uncertain about the meaning of "visitorial powers". In other
contexts, similar terms have been interpreted in an extremely broad
manner. See, e.g., Wilson v. Board of Education, 234 Md. 561, 565 (1963)
(stating that the State Board of Education has "a visitatorial power of the
most comprehensive character"). The General Assembly may wish to
clarify the meaning of this section. See also § 7-205(c) of this article and
accompanying Revisor's Note.

Defined terms: "Correctional facility" § 1-101
"County" § 1-101
"Division" § 6-101
"Inmate" § 1-101

6-111. SUSPENDED SENTENCE, SUPERVISION.

IF A COURT SUSPENDS THE SENTENCE OF AN INDIVIDUAL CONVICTED OF A
CRIME AND ORDERS THE INDIVIDUAL TO CONTINUE UNDER THE SUPERVISION OF
THE DIVISION FOR A SPECIFIED TIME OR UNTIL ORDERED OTHERWISE, THE
DIVISION SHALL:

(1) SUPERVISE THE CONDUCT OF THE INDIVIDUAL;

(2) DETERMINE WHETHER THE INDIVIDUAL IS COMPLYING WITH THE
CONDITIONS OF PROBATION OR SUSPENSION OF SENTENCE; AND

(3) REPORT TO THE COURT ON THE INDIVIDUAL'S COMPLIANCE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-609(a).

Throughout this section, the references to an "individual" are substituted
for the former references to a "person" because only a human being, and
not the other entities included in the defined term "person", can be
supervised by the Division. See § 1-101 of this article for the definition of
"person".

In the introductory language of this section, the reference to "orders" is
substituted for the former reference to "direct" for consistency within this
section.

Also in the introductory language of this section, the former reference to
the Division taking the specified action "when so requested by said court"
is deleted as unnecessary in light of the requirement that the Division take