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Session Laws, 1999
Volume 796, Page 735   View pdf image
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IF THE UNTRIED INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT FOR
WHICH REQUEST FOR FINAL DISPOSITION IS MADE IS NOT BROUGHT TO TRIAL
WITHIN THE TIME LIMITATION ESTABLISHED UNDER § 8-502 OF THIS SUBTITLE:

(1) THE COURT NO LONGER HAS JURISDICTION OVER THE UNTRIED
INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT;

(2) THE UNTRIED INDICTMENT, INFORMATION, WARRANT, OR
COMPLAINT HAS NO FURTHER FORCE OR EFFECT; AND

(3) THE COURT, ON REQUEST OF THE INMATE OR THE INMATE'S
COUNSEL, SHALL ENTER AN ORDER DISMISSING THE UNTRIED INDICTMENT,
INFORMATION, WARRANT, OR COMPLAINT WITHOUT PREJUDICE.

(F) TRANSPORTATION OF INMATE.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
SHERIFF OF THE COUNTY IN WHICH AN UNTRIED INDICTMENT, INFORMATION,
WARRANT, OR COMPLAINT IS PENDING SHALL TRANSPORT THE INMATE BETWEEN
THE INMATE'S PLACE OF CONFINEMENT AND THE COUNTY IN WHICH THE UNTRIED
INDICTMENT, INFORMATION, WARRANT, OR COMPLAINT IS PENDING.

(2) ON THE REQUEST OF THE SHERIFF, THE TRANSPORTATION MAY BE
FURNISHED BY THE CORRECTIONAL FACILITY IN WHICH THE INMATE IS CONFINED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 616S(c), (d), (e), and (f).

In subsection (a) of this section, the reference to a correctional "facility in"
the Division of Correction is substituted for the former reference to a
correctional "institution under the jurisdiction of" the Division of
Correction for consistency with terminology throughout this article. See
General Revisor's Note to this article.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (a) of this section
refers only to those inmates who are authorized under Title 4, Subtitle 3 of
this article to participate in the "eligible person" program at the Patuxent
Institution. Subsection (a) does not apply to inmates who are in the
Patuxent Institution Youth Program, as authorized under Title 4, Subtitle
4 of this article, or to inmates of the Division of Correction who are
confined in the Patuxent Institution, as authorized under § 2-117 of this
article. The General Assembly may wish to amend this provision to refer to
"any inmate who is confined in the Patuxent Institution". This language is
broad enough to include all inmates at the Patuxent Institution, including
those inmates who are there for evaluation before sentencing.

In the introductory language of subsections (b) and (d)(1) of this section,
the references to the managing official who has "immediate supervision
over" an inmate are substituted for the former reference to the managing

 

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Session Laws, 1999
Volume 796, Page 735   View pdf image
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