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Session Laws, 1999
Volume 796, Page 702   View pdf image
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(II) A SHERIFF, WARDEN, OR SUPERINTENDENT OR AN INDIVIDUAL
WITH AN EQUIVALENT TITLE WHO IS APPOINTED OR EMPLOYED BY A UNIT OF
GOVERNMENT TO EXERCISE EQUIVALENT SUPERVISORY AUTHORITY.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 41, § 4-301(b)(7).

In the introductory language of paragraph (1) of this subsection, the former
reference to an individual who is "charged with and actually performs"
certain duties is deleted as implicit in the reference to an individual who
has those duties.

Also in the introductory language of paragraph (1) of this subsection, the
former phrase "as defined in this section" is deleted as surplusage because
such references are not necessary for defined terms.

In items (1)(i) through (iii) of this subsection, the references to individuals
who have been placed on "parole", "mandatory supervision", or "probation"
or who have "received a suspended sentence" are added for consistency
with subsection (g) of this section and §§ 8-202 and 8-208(1) of this
subtitle. All of these provisions reflect the General Assembly's intent to
make the provisions of this subtitle applicable to members of a correctional
unit that have responsibility for individuals who are placed on parole,
mandatory supervision, or probation or who receive a suspended sentence
in addition to members of a correctional unit who have responsibility for
inmates of a correctional facility.

In paragraph (2) of this subsection, the former reference to an individual
"serving as ... [a correctional officer] solely by virtue of his occupying any
other office or position" is deleted. The Correctional Services Article
Review Committee notes, for consideration by the General Assembly, that
the meaning of this phrase is unclear, but that it appears to be
unnecessary. in light of the specific listing of particular offices and
positions in paragraph (2) of this subsection. The General Assembly may
wish to retain this language or clarify its meaning.

In paragraph (2)(ii) of this subsection, the word "individual" is substituted
for the former reference to "person" because only a human being, and not
the other entities included in the defined term "person", can be appointed
or employed by a unit of government to exercise equivalent supervisory
authority. See § 1-101 of this article for the definition of "person".

Defined terms: "Correctional unit" § 8-201
"Inmate" § 1-101

(F) CORRECTIONAL SUPERVISOR

"CORRECTIONAL SUPERVISOR" MEANS A CORRECTIONAL OFFICER WHO HAS
BEEN PROMOTED TO FIRST-LINE SUPERVISORY DUTIES.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 41, § 4-301(b)(8).

 

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Session Laws, 1999
Volume 796, Page 702   View pdf image
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