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Session Laws, 1999
Volume 796, Page 688   View pdf image
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"MINIMUM MANDATORY STANDARDS" MEANS THE STANDARDS DESCRIBED IN §
8-103(A) OF THIS SUBTITLE.

REVISOR'S NOTE: This subsection is new. language added to avoid the
repetition of the lengthy reference to "the standards described in §
8-103(a) of this subtitle".

Former Art. 41, §. 4-401(b)(7), which defined the term "mandatory
standards", is revised as a substantive provision in § 8-103(a) of this
subtitle.

REVISOR'S NOTE TO SECTION: Former Art. 41, § 4-401(b)(4), which defined
"municipality", is deleted since that term is not used in this revision. The
term "municipal corporation" is used as appropriate throughout this article
to conform to the language used in Md. Constitution, Art. XI-E.

8-102. LEGISLATIVE FINDINGS.

THE GENERAL ASSEMBLY FINDS THAT THERE IS A NEED TO IMPROVE THE
METHOD OF ESTABLISHING STANDARDS FOR CORRECTIONAL FACILITIES AND
PROGRAMS AND OF INSURING COMPLIANCE WITH THESE STANDARDS TO BETTER
PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC BY REDUCING
INCIDENTS OF CRIME.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-401(a).

The term "the public" is substituted for the former reference to "Maryland's
citizens" for clarity and consistency throughout this article. See General
Revisor's Note to this article.

The former word "declares" is deleted as redundant of the word "finds" and
for consistency with similar provisions in other revised articles of the Code.
See, e.g., BR § 3-102 and IN § 7-102.

Defined term: "Correctional facility" § 1-101
8-103. ESTABLISHMENT OF STANDARDS.

(A) MINIMUM MANDATORY STANDARDS.

(1) WITH THE ADVICE OF THE COMMISSION, THE SECRETARY SHALL
ADOPT REGULATIONS THAT ESTABLISH MINIMUM MANDATORY STANDARDS
APPLICABLE TO SECURITY AND INMATE CONTROL, INMATE SAFETY, INMATE FOOD
SERVICES, INMATE HOUSING AND SANITATION, INMATE RIGHTS, CLASSIFICATION,
HEARINGS, AND ADMINISTRATIVE RECORD KEEPING.

(2) THE MINIMUM MANDATORY STANDARDS ADOPTED UNDER
PARAGRAPH (1) OF THIS SUBSECTION SHALL APPLY TO ALL STATE AND LOCAL
CORRECTIONAL FACILITIES.

(B) APPROVED STANDARDS. 

 

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Session Laws, 1999
Volume 796, Page 688   View pdf image
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