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Session Laws, 1999
Volume 796, Page 676   View pdf image
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(B) DETERMINATION NOT SUBJECT TO JUDICIAL REVIEW.

A DETERMINATION BY THE GOVERNOR THAT A CONDITION OF A CONDITIONAL
PARDON HAS BEEN VIOLATED BY THE GRANTEE IS FINAL AND NOT SUBJECT TO
REVIEW BY ANY COURT OF THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-514.

In subsections (a) and (b) of this section, the former phrase "[i]n any case in
which the Governor may issue a conditional pardon to any person" is
deleted as implicit.

Defined terms: "Conditional pardon" § 7-101
"Pardon" § 7-101

7-603. EFFECT OF VIOLATION OF CONDITIONAL PARDON.

UNLESS THE GOVERNOR ORDERS OTHERWISE, IF THE GOVERNOR REVOKES A
CONDITIONAL PARDON FOR A BREACH OF ANY OF ITS CONDITIONS, THE INDIVIDUAL
RELEASED ON THE CONDITIONAL PARDON:

(1) SHALL SERVE THE UNSERVED PORTION OF THE SENTENCE
ORIGINALLY IMPOSED; AND

(2) MAY NOT BE GRANTED CREDIT FOR SERVING ANY PORTION OF THE
ORIGINAL SENTENCE DURING THE TIME THAT THE INDIVIDUAL WAS RELEASED
UNDER THE CONDITIONAL PARDON.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-515.

In item (2) of this section, the prohibition against "grant[ing] credit" for the
time that an individual was released under a conditional pardon is
substituted for the former vague prohibition against "consider[ing]" any
portion of the time that an individual was released under a conditional
pardon for clarity and for consistency with § 7-401(d)(l) of this title.

Defined term: "Conditional pardon" § 7-101

SUBTITLE 7. PAYMENT OF RESTITUTION AND FEES.
7-701. RESTITUTION.

(A) RESTITUTION AS CONDITION OF PAROLE.

IF THE COMMISSION GRANTS PAROLE TO AN INDIVIDUAL WHOM A COURT HAS
ORDERED TO MAKE RESTITUTION AS PART OF A SENTENCE OR AS A CONDITION OF
PROBATION, THE COMMISSION SHALL REQUIRE THE INDIVIDUAL TO MAKE
RESTITUTION PAYMENTS WHILE ON PAROLE AS A CONDITION OF PAROLE.

(B) EFFECT OF PARDON, COMMUTATION, OR PAROLE.

 

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Session Laws, 1999
Volume 796, Page 676   View pdf image
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