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Session Laws, 1999
Volume 796, Page 699   View pdf image
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In subsection (c) of this section, the reference to the Commission's final
decision on the closure of a correctional facility, or any of its "correctional"
elements, "procedures, or functions" is added for consistency with
subsection (a) of this section.

Defined terms: "Commission" § 8-101
"Correctional facility" § 1-101
"Minimum mandatory standards" § 8-101

8-115. SAME — LIFE-THREATENING OR HEALTH-ENDANGERING CONDITIONS.

(A) ORDER TO CEASE OPERATION.

IF THE COMMISSION OR AN AUTHORIZED INSPECTOR FINDS A CONDITION IN A
CORRECTIONAL FACILITY THAT IS LIFE THREATENING OR HEALTH ENDANGERING,
THE COMMISSION OR INSPECTOR MAY ORDER THE IMMEDIATE CESSATION OF
OPERATION.

(B) HEARING.

WITHIN 96 HOURS AFTER AN ORDER IS ISSUED UNDER SUBSECTION (A) OF THIS
SECTION, THE COMMISSION SHALL HOLD A REVIEW HEARING TO CONFIRM OR
COUNTERMAND THE ORDER

(C) TRANSFER OF INMATES.

(1) IF A CORRECTIONAL FACILITY IS ORDERED CLOSED UNDER THIS
SECTION, ALL INMATES IN THE FACILITY SHALL BE TRANSFERRED TO AND
ACCEPTED IN A SUITABLE PLACE OF DETENTION, AS THE SECRETARY DETERMINES.

(2) THE GOVERNING BODY RESPONSIBLE FOR THE COST OF THE
CLOSED FACILITY SHALL PAY THE EXPENSES INCURRED IN TRANSFERRING AND
MAINTAINING INMATES UNDER PARAGRAPH (1) OF THIS SUBSECTION.

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

In subsection (a) of this section, the former reference to a "duly" authorized
inspector is deleted as implicit in the term "authorized".

In subsection (b) of this section, the former reference to a "full" hearing is
deleted because the word "full" provides no meaningful modification to the
word "hearing",

Defined terms: "Commission" § 8-101
"Correctional facility" § 1-101
"Inmate" § 1-101
"Secretary" § 1-101

8-116. SAME — ADVISORY BOARDS.

(A) POWER TO ESTABLISH.

 

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Session Laws, 1999
Volume 796, Page 699   View pdf image
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