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Session Laws, 1999
Volume 796, Page 651   View pdf image
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sum, if the General Assembly intends for subsection (e)(1) of this section to
create a mandatory minimum penalty of $25, it may wish to amend this
provision to expressly state that "notwithstanding Article 27, § 643 of the
Code, it is mandatory on the court to impose a penalty of no less than $25"
and that "the mandatory minimum penalty of $25 may not be suspended".
See also § 8-808 of this article and accompanying Revisor's Note.

In subsections (e)(1) and (f) of 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 testify before the Commission. See § 1-101 of this article for
the definition of "person".

In subsection (e)(2) of this section, the requirement that a fine "be paid
into" the General Fund of the State is substituted for the former
requirement that a fine "revert to" the General Fund of the State for
accuracy.

In subsection (f) of this section, the reference to being subject "on
conviction ... to the penalty established under Article 27, § 439 of the Code"
is added to state expressly that which was only implied in the former law.

Defined terms: "Commission" § 7-101
"Commissioner" § 7-101
"Commissioner of Correction" § 1-101
"Correctional facility" § 1-101
"County" § 1-101
"Inmate" § 1-101
"Managing official" § 1-101
"Parole" § 7-101
"Person" § 1-101

"Predetermined parole release agreement" § 7-101
7-206. DUTIES.

THE COMMISSION SHALL:

(1) EVALUATE INFORMATION ON THE ACTIVITIES OF PAROLEES THAT
THE DIVISION OF PAROLE AND PROBATION REPORTS;

(2) ISSUE WARRANTS OR DELEGATE TO THE DIRECTOR OF THE DIVISION
OF PAROLE AND PROBATION THE AUTHORITY TO ISSUE WARRANTS TO RETAKE
PAROLEES WHO ARE CHARGED WITH VIOLATING A CONDITION OF PAROLE;

(3) REVIEW AND MAKE RECOMMENDATIONS TO THE GOVERNOR:

(I) CONCERNING PAROLE OF AN INMATE UNDER A SENTENCE OF
LIFE IMPRISONMENT; AND

(II) IF REQUESTED BY THE GOVERNOR, CONCERNING A PARDON,
COMMUTATION OF SENTENCE, OR OTHER CLEMENCY;

 

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Session Laws, 1999
Volume 796, Page 651   View pdf image
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