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Session Laws, 1999
Volume 796, Page 736   View pdf image
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official who has "custody of" an inmate for accuracy. Inmates of a
correctional facility are sometimes held in the custody of someone other
than the managing official of the correctional facility but are under the
immediate supervision of the managing official. See generally § 9-103 of
this article (which requires a judge who sentences an inmate to the
jurisdiction of the Division of Correction to place the inmate in the custody
of the Commissioner of Correction).

In subsection (d)(2) of this section, the former reference to the duty to file
certain documents "upon notification by the prisoner" is deleted as
unnecessary in light of the more specific reference to the duty to file the
documents "[w]ithin 30 days after receipt of an inmate's request under
paragraph (1) of this subsection".

In subsection (e)(1) of this section, the reference to the court's jurisdiction
"over the untried indictment, information, warrant, or complaint" is added
to state expressly that which was only implied in the former law.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsections (c)(1) and (e)(1) of
this section are inconsistent with subsections (c)(3) and (e)(3) of this
section. Subsections (c)(1) and (e)(1) provide that a court "no longer has,
jurisdiction over the untried indictment, information, warrant, or
complaint" if specified events do not occur within specified periods.
However, subsections (c)(3) and (e)(3) require the court to "dismiss the
untried indictment, information, warrant, or complaint" under the same
circumstances. These provisions are in conflict because a court cannot
dismiss an indictment, information, warrant, or complaint unless the court
has jurisdiction over the matter. The General Assembly may wish to repeal
subsections (c)(1) and (e)(1) as surplusage.

In subsection (f)(1) of this section, the former references to "city" are
deleted as unnecessary because Baltimore City is included in the defined
term "county". See § 1-101 of this article for the definition of "county".

Also in subsection (f)(1) of this section, the reference to a "warrant" is
added for consistency with terminology throughout this subtitle.

In subsection (f)(2) of this section, the defined term "correctional facility" is
substituted for the former reference to an "institution" for consistency with
terminology throughout this article. See General Revisor's Note to this
article.

Defined terms: "Correctional facility" § 1-101
"County" §1-101
"Division of Correction" § 1-101
"Inmate" § 1-101
"Managing official" § 1-101

 

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Session Laws, 1999
Volume 796, Page 736   View pdf image
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