language of former Art. 41, § 4-401(b)(8) suggested that the Secretary has
discretionary authority to adopt approved standards. Former Art. 41, §

4- 401(b)(8) defined "approved standards" to mean policies and procedures
"in areas such as personnel, training, administration, management,

planning and coordination, research and evaluation, physical plant, special
management inmates, rules and discipline, mail and visiting, reception
and orientation, inmate property control, inmate work programs,
education and vocational training, library services, religious services,
recreational activities, counseling, release preparation and volunteers".
The reference in former Art. 41, § 4-401(b)(8) to policies and procedures in
"areas such as" the specifically enumerated areas implied that the
Secretary has discretionary authority to adopt approved standards.
Subsection (b) of this section has been drafted to reflect the mandatory
nature of former Art. 27, § 704(a) rather than the discretionary nature of
former Art. 41, § 4-401(b)(8). The General Assembly may wish to make it
discretionary for the Secretary to adopt approved standards. The
Committee also notes that the Secretary has never adopted approved
standards.

Former Art. 27, § 704(b), which defined "[s]tandards", is deleted as
surplusage.

Defined terms: "Approved standards" § 8-101
"Commission" § 8-101
"Inmate" § 1-101

"Local correctional facility" § 1-101
"Minimum mandatory standards" § 8-101
"Secretary" § 1-101
"State correctional facility" § 1-101

8-104. STATE FUNDS.

EXCEPT AS PROVIDED IN THE STATE BUDGET, STATE FUNDS MAY NOT BE USED
TO IMPLEMENT STANDARDS FOR STATE CORRECTIONAL FACILITIES THAT ARE
ADOPTED OR PROPOSED BY THE AMERICAN CORRECTIONAL ASSOCIATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from the second sentence of former Art. 27, § 704(a).

The former reference to standards that are adopted, "promulgated and/or"
proposed is deleted as surplusage.

The prohibition against State money being "used" is substituted for the
former prohibition against money being "expended" for consistency with
terminology used throughout the revised articles of the Code. See, e.g., CL
§ 9-401.2(3)(c), CJ §§ 3-2A-03A(d) and (e), 7-204(b), and 13-603(c), ED §§

5- 201(b) and 11-203(d), FI § 9-220(b), FL § 2-404, HG § 7-206(c), and IN
§§ 20-301(c) and 20-410(c)(1).

The former reference to the "Commission on Accreditation for Corrections",