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Session Laws, 1999
Volume 796, Page 685   View pdf image
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(3) OF THE PUNISHMENT IMPOSED ON THE INDIVIDUAL FOR VIOLATING
A CONDITION OF PAROLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-511(f).

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of the reference
to a "request for notification under § 7-801(b)(l)(ii) of this subtitle" in the
introductory language of this section is unclear. The Committee is
uncertain as to whether this means a generic "request for notification", a
specific "request for notification of a parole hearing", or a specific "request
for notification of a parole violation". The General Assembly may wish to
clarify this issue. For a more detailed discussion of this issue, see §
7-801(b)(l)(ii) of this subtitle and accompanying Revisor's Note.

In item (1) of this section, the reference to "a condition of" parole is added
to state expressly that which was formerly only implied in the reference to
"parole" and for consistency with items (2) and (3) of this section.

In item (2) of this section, the former reference to an "inmate released on
parole" is deleted as implicit in the reference to an "individual [who] has
been found guilty or not guilty of violating a condition of parole".

In item (3) of this section, the reference to a violation of "a condition of
parole" is added to state expressly that which was formerly only implied in
the reference to a "violation" and for consistency with items (1) and (2) of
this section.

Defined terms: "Commission" § 7-101
"Department" § 1-101
"Parole" § 7-101
"Violent crime" § 7-101

7-805. NOTICE TO VICTIM OF COMMUTATION, PARDON, OR REMISSION OF SENTENCE.

(A) "VICTIM" DEFINED.

IN THIS SECTION, "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS PERSONAL
PHYSICAL INJURY OR DEATH AS A DIRECT RESULT OF A CRIME OR, IF THE VICTIM IS
DECEASED, A DESIGNATED FAMILY MEMBER OF THE VICTIM.

(B) NOTICE TO VICTIM; DESIGNATION OF REPRESENTATIVE.

IF THE VICTIM MADE A WRITTEN REQUEST TO THE DEPARTMENT FOR
NOTIFICATION AND MAINTAINS A CURRENT ADDRESS ON FILE WITH THE
DEPARTMENT OR THE VICTIM FILED A NOTIFICATION REQUEST FORM UNDER
ARTICLE 27, § 770 OF THE CODE, THE DEPARTMENT SHALL NOTIFY THE VICTIM OR
THE VICTIM'S DESIGNATED REPRESENTATIVE IN WRITING THAT AN INMATE
SENTENCED TO THE DIVISION OF CORRECTION IS BEING CONSIDERED FOR A:

(1) COMMUTATION OF SENTENCE;

 

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Session Laws, 1999
Volume 796, Page 685   View pdf image
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