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Session Laws, 1999
Volume 796, Page 764   View pdf image
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(C) OTHER CONFINEMENT.

A JUDGE WHO COMMITS AN INDIVIDUAL TO CUSTODY FOR ANY PURPOSE
OTHER THAN SERVICE OF A SENTENCE SHALL COMMIT THE INDIVIDUAL TO THE
CUSTODY OF THE COMMISSIONER OF PRETRIAL DETENTION AND SERVICES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-1410(c) and (d).

In subsections (b) and (c) of this section, the references to an "individual"
are substituted for the former references to a "person" because only human
beings, and not the other entities included in the defined term "person",
can be sentenced or committed to the custody of the Commissioner. See §
1-101 of this article for the definition of "person".

In subsection (b) 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 provision of the Code to the contrary"
for consistency with §§ 9-103 through 9-105 of this subtitle.

Also in subsection (b) of this section, the reference to a judge who "imposes
a sentence of imprisonment on an individual" is substituted for the former
reference to a judge who "commits any person to custody for service of any
sentence" for clarity.

In subsection (c) of this section, the reference to the Commissioner "of
Pretrial Detention and Services" is added to state expressly that which was
only implied in the former law.

Defined term: "Commissioner of Correction" § 1-101

GENERAL REVISOR'S NOTE TO SUBTITLE:

Former Art. 41, § 4-1410(a) and (b) are transferred to the Session Laws.

SUBTITLE 2. SENTENCES — CONSECUTIVE AND CONCURRENT.
9-201. CONSECUTIVE SENTENCES — INMATES CONVICTED OF SEXUAL OFFENSES.
(A) DEFINITIONS.

(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "SEXUAL OFFENSE" MEANS:

(I) A VIOLATION OF ARTICLE 27, § 464, § 464A, § 464B, § 464C, OR §
464F OF THE CODE; OR

(II) AN ATTEMPT TO VIOLATE ARTICLE 27, § 464, § 464A, § 464B, OR §
464C OF THE CODE AS A PRINCIPAL OR AN AIDER OR ABETTOR.

(3) "STATE CORRECTIONAL FACILITY" DOES NOT INCLUDE:

 

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Session Laws, 1999
Volume 796, Page 764   View pdf image
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