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Session Laws, 1999
Volume 796, Page 763   View pdf image
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In subsection (b)(1) of this section, the former references to the phase-in
periods are deleted as obsolete.

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

9-105. SENTENCING TO LOCAL CORRECTIONAL FACILITIES.

NOTWITHSTANDING ANY OTHER LAW, A JUDGE MAY SENTENCE AN INDIVIDUAL
TO A LOCAL CORRECTIONAL FACILITY IF:

(1) THE SENTENCE TO BE THEN EXECUTED IS FOR A PERIOD OF NOT
MORE THAN 18 MONTHS; AND

(2) THE JUDGE IMPOSING THE SENTENCE IS IN A JURISDICTION THAT IS
A PARTY TO THE OPERATION AND MAINTENANCE OF THE LOCAL CORRECTIONAL
FACILITY TO WHICH THE INDIVIDUAL IS SENTENCED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 705(g).

In the introductory language of this section, the reference to the
applicability of this section "[n]otwithstanding any other law" is
substituted for the former reference to "[n]otwithstanding any other
provisions of the Annotated Code of Maryland" for consistency with §§
9-103, 9-104, and 9-106 of this subtitle.

Also in the introductory language of this section, the term "individual" is
substituted for the former term "convicted offender" for consistency with
Art. 27, § 641 of the Code, which, in certain counties, authorizes a court to
sentence an individual to confinement as a condition of probation before
judgment.

In item (2) of this section, the reference to an "individual" is substituted for
the former reference to a "person" because only human beings, and not the
other entities included in the defined term "person", can be sentenced to a
local correctional facility. See § 1-101 of this article for the definition of
"person".

Defined term: "Local correctional facility" § 1-101
9-106. SENTENCING AND COMMITMENT — BALTIMORE CITY.

(A) SCOPE.

THIS SECTION APPLIES ONLY IN BALTIMORE CITY.

(B) SERVICE OF SENTENCE

NOTWITHSTANDING ANY OTHER LAW, A JUDGE WHO IMPOSES A SENTENCE OF
IMPRISONMENT ON AN INDIVIDUAL SHALL COMMIT THE INDIVIDUAL TO THE
CUSTODY OF THE COMMISSIONER OF CORRECTION.

 

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Session Laws, 1999
Volume 796, Page 763   View pdf image
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