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Session Laws, 1999
Volume 796, Page 682   View pdf image
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consideration by the General Assembly, that the reference to a "request ...
for notification" in subsection (b)(1)(ii) of this section seems to be a
reference to a request for notification "of a parole hearing". However,
subsection (b)(1)(ii) is cited as a cross-reference in §§ 7-304(a)(1),
7-505(b), and 7-804 .of this title. These three provisions establish,
respectively, that a "request for notification under § 7-801(b)(1)(ii) of this
[sub]title" is a condition precedent to holding an open parole hearing (§
7-304(a)(1)), notifying a victim of an alleged violation of mandatory
supervision, a violation of mandatory supervision, or any punishment
imposed for a violation of mandatory supervision (§ 7-505(b)), and
notifying a victim of an alleged violation of parole, a violation of parole,
and any punishment imposed for a violation of parole (§ 7-804). Thus, each
of these three provisions seems to require a victim to file a request for
notification "of a parole hearing" as a condition precedent to receiving
notice in each of the specified circumstances. The General Assembly may
wish to address these inconsistencies by amending subsection (b)(l)(ii) of
this section so as to require a request for notification "of a parole hearing"
and amending §§ 7-304(a)(l), 7-505(b), and 7-804 of this title to require,
respectively, a request for notification "of a parole hearing", a request for
notification "of a violation of mandatory supervision", and a request for
notification "of a violation of parole". Alternatively, the General Assembly
may wish to address these inconsistencies by amending §§ 7-304(a)(l),
7-505(b), and 7-804 of this title so that they each refer to a generic
"request for notification". See, e.g., § 7-805(b) of this subtitle (which
requires a victim to file a "request ... for notification" as a condition
precedent to receiving notice of a commutation of sentence, pardon, or
remission of sentence).

The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that subsection (c)(1) of this
section applies only to a "victim of a violent crime". In contrast, the other
provisions of this section apply to any "victim". The term "victim" is
defined broadly in subsection (a) of this section. The General Assembly
may wish to delete the reference to a victim "of violent" crime in subsection
(c)(1) of this section for consistency.

In subsection (c)(2) of this section, the phrase "[i]f the victim submits a
request as authorized by paragraph (1) of this subsection" is added to state
expressly that which was only implied in the former law.

The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that the meaning of the reference,
in subsection (d)(1)(ii) of this section, to a victim's right to request that an
inmate be prohibited from having any contact with the victim as a
condition of "work release, or other administrative release" is unclear. The
Commission has no authority to impose a condition on work release or
other administrative release. The General Assembly may wish to delete
the reference to "work release, or other administrative release" from
subsection (d)(1)(ii) of this section. Correspondingly, the General Assembly

 

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Session Laws, 1999
Volume 796, Page 682   View pdf image
 Jump to  
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