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Session Laws, 1999
Volume 796, Page 649   View pdf image
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Also in subsection (b)(1)(i) of this section, the former phrase "[i]n
accordance with Article 41, § 4-504" is deleted as unnecessary because the
relevant part of former Art. 41, § 4-504 (i.e., Art. 41, § 4-504(a)) is revised
in subsection (a)(2) of this section, which authorizes the Commission to
negotiate, enter into, and sign predetermined parole release agreements
"as provided under subsection (b) of this section".

In subsection (b)(l)(ii) of this section, the reference to a "term" of
confinement is substituted for the former reference to a "period" of
confinement for consistency throughout this article. See General Revisor's
Note to this article.

In subsection (b)(2) of this section, the reference to former Art. 27, § 700A
is deleted for accuracy. Former Art. 27, § 700A, which related to work
release and is revised in §§ 3-801 through 3-806 of this article, did not
authorize an inmate to earn diminution credits.

Also in subsection (b)(2) of this section, the reference to diminution of "an
inmate's term of confinement" is substituted for the former reference to
diminution of "sentence" for consistency throughout this article. See
General Revisor's Note to this article.

In subsections (c) and (d)(3) of this section, the references to a "municipal
corporation" are substituted for the former references to a "city" to conform
to Md. Constitution, Art. XI-E.

In subsection (c) of this section, the reference to an "individual" is
substituted for the former reference to a "person" because only a human
being, and not the other entities included in the defined term "person", can
be confined in a correctional facility. See § 1-101 of this article for the
definition of "person".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of "visitorial
powers" in subsection (c) of this section is unclear. 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 subsection (c) of this section. See also § 6-110 of this article and
accompanying Revisor's Note.

In the introductory language of subsection (d) of this section, the phrase
"[a]s necessary to carry out its duties" is substituted for the former phrase
"wherever, in the judgment of the said members of the Commission, it may
be necessary for the effectual discharge of their duties under this subtitle"
for brevity.

In subsection (d)(1) of this section, the reference to the authority of the
Commission to "issue subpoenas requiring attendance and testimony of
witnesses" is substituted for the former reference to the authority of the

 

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Session Laws, 1999
Volume 796, Page 649   View pdf image
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