REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-511B.
In subsection (b)(2) of this section, the reference to a right of "judicial
review" is substituted for the former reference to a right of "appeal" for
accuracy. See, e.g., Md. Rule 7-201.
Also in subsection (b)(2) of this section, the reference to "establish[ing]" a
right of judicial review is added to state expressly that which was formerly
only implied in the reference to a "right of [judicial review]".
Defined terms: "Commission" § 7-101
"Division of Parole and Probation" § 1-101
"Parole" § 7-101
"Parolee" § 7-101
7-403. CONVICTION OF CRIME COMMITTED WHILE ON PAROLE.
(A) IN STATE.
IF A PAROLEE IS CONVICTED OF A CRIME COMMITTED WHILE ON PAROLE AND
IS SENTENCED TO AN ADDITIONAL TERM OF IMPRISONMENT IN ANY CORRECTIONAL
FACILITY IN THIS STATE, THE NEW SENTENCE SHALL RUN CONSECUTIVE TO THE
TIME TO BE SERVED ON THE ORIGINAL TERM UNLESS THE JUDGE IMPOSING THE
NEW SENTENCE EXPRESSLY ORDERS OTHERWISE.
(B) OUT-OF-STATE.
IF A PAROLEE IS CONVICTED IN ANOTHER STATE OF A CRIME COMMITTED
WHILE ON PAROLE AND IS SENTENCED TO SERVE A TERM OF IMPRISONMENT IN A
CORRECTIONAL FACILITY IN THE OTHER STATE, THE COMMISSION SHALL FILE WITH
THE MANAGING OFFICIAL OF THE CORRECTIONAL FACILITY IN THE OTHER STATE A
DECLARATION OF VIOLATION OF PAROLE TO SERVE AS A DETAINER ON THE
PAROLEE'S RELEASE FROM THE CORRECTIONAL FACILITY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-517.
In subsection (a) of this section, the reference to a "term of imprisonment"
is substituted for the former reference to a "period of incarceration" for
consistency throughout this article. See General Revisor's Note to this
article.
In subsection (b) of this section, the reference to a parolee who is
"sentenced to serve a term of imprisonment in a correctional facility in the
other state" is substituted for the former reference to a parolee who "may
be confined in penalty thereof" for clarity.
Defined terms: "Commission" § 7-101
"Correctional facility" § 1-101
"Managing official" § 1-101
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