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Session Laws, 1999
Volume 796, Page 762   View pdf image
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Also in the introductory language of subsection (b) of this section, the
reference to an individual held "by" a correctional facility or barracks is
added to state expressly that which was only implied in the former
reference to "held".

In subsection (b)(2) of this section, the independent reference to "a
barracks of the Department of State Police" is substituted for the former
reference to institutions and facilities "under the jurisdiction of the
Division ... including Department of State Police barracks" to reflect that
the Department of State Police is no longer under the jurisdiction of the
Department of Public Safety and Correctional Services.

In subsection (b)(1) of this section, the former phrase "from time to time" is
deleted as implicit in the reference to "as the Division orders".

Defined terms: "Commissioner" § 9-101
"Correctional facility" § 1-101
"Division" § 9-101
"Inmate" § 1-101

"State correctional facility" § 1-101
9-104. LENGTH OF SENTENCES TO THE JURISDICTION OF THE DIVISION.

(A) SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL SENTENCED IN BALTIMORE

CITY.

(B) MINIMUM SENTENCE; EXCEPTION.

NOTWITHSTANDING ANY OTHER LAW, A JUDGE MAY NOT SENTENCE AN
INDIVIDUAL TO THE JURISDICTION OF THE DIVISION FOR 12 MONTHS OR LESS
UNLESS:

(1) THE SENTENCE IS FOR AN OFFENSE COMMITTED BY AN INMATE IN A
CORRECTIONAL FACILITY UNDER THE JURISDICTION OF THE DIVISION; AND

(2) THE INMATE IS STILL UNDER THE JURISDICTION OF THE DIVISION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 690(c). 

In subsection (a) of this section, the reference to an "individual" is
substituted for. the former reference to a "person" because only a human
being, and not the other entities included in the defined term "person", can
be sentenced to imprisonment. See § 1-101 of this article for the definition
of "person".

In the introductory language of subsection (b) of this section, the phrase
"[n]othwithstanding any other law" is substituted for the former phrase
"[n]otwithstanding any provision of this article or any other law to the
contrary" for brevity.

 

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Session Laws, 1999
Volume 796, Page 762   View pdf image
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