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Session Laws, 1999
Volume 796, Page 765   View pdf image
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(I) THE PATUXENT INSTITUTION; OR

(II) THE BALTIMORE CITY DETENTION CENTER

(B) SEXUAL OFFENSE COMMITTED WHILE SERVING A SENTENCE.

IF AN INMATE IS CONVICTED OF AND SENTENCED TO A TERM OF
IMPRISONMENT FOR A SEXUAL OFFENSE THAT WAS COMMITTED WHILE THE INMATE
WAS SERVING A SENTENCE IN A STATE OR LOCAL CORRECTIONAL FACILITY, THE
SENTENCE FOR THE SEXUAL OFFENSE SHALL RUN CONSECUTIVE TO THE SENTENCE
THAT THE INMATE WAS SERVING AT THE TIME OF THE SEXUAL OFFENSE.

(C) SEXUAL OFFENSE COMMITTED WHILE AWAITING BAIL HEARING,
ARRAIGNMENT, TRIAL, OR SENTENCING.

(1) IF AN INMATE IS CONVICTED OF AND SENTENCED TO A TERM OF
IMPRISONMENT FOR A SEXUAL OFFENSE THAT WAS COMMITTED WHILE THE INMATE
WAS BEING HELD FOR A BAIL HEARING, ARRAIGNMENT, TRIAL, OR SENTENCING ON
ANOTHER CHARGE IN A STATE OR LOCAL CORRECTIONAL FACILITY AND, BEFORE
THE IMPOSITION OF THE SENTENCE FOR THE SEXUAL OFFENSE, THE INMATE WAS
SENTENCED TO A TERM OF IMPRISONMENT FOR THE CHARGE FOR WHICH THE
INMATE WAS BEING HELD AT THE TIME OF THE SEXUAL OFFENSE, THE SENTENCE
IMPOSED FOR THE SEXUAL OFFENSE SHALL RUN CONSECUTIVE TO THE SENTENCE
IMPOSED FOR THE CHARGE FOR WHICH THE INMATE WAS BEING HELD AT THE TIME
OF THE SEXUAL OFFENSE.

(2) IF AN INMATE IS CONVICTED OF AND SENTENCED TO A TERM OF
IMPRISONMENT FOR A SEXUAL OFFENSE THAT WAS COMMITTED WHILE THE INMATE
WAS BEING HELD FOR A BAIL HEARING, ARRAIGNMENT, TRIAL, OR SENTENCING ON
ANOTHER CHARGE IN A STATE OR LOCAL CORRECTIONAL FACILITY AND, AT THE
TIME THAT THE SENTENCE FOR THE SEXUAL OFFENSE IS IMPOSED, THE INMATE
HAS NOT BEEN SENTENCED ON THE OTHER CHARGE, ANY SENTENCE OF
IMPRISONMENT EVENTUALLY IMPOSED FOR THE OTHER CHARGE SHALL RUN
CONSECUTIVE TO THE SENTENCE IMPOSED FOR THE SEXUAL OFFENSE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 692A.

Subsection (a)(1) of this section is new language added as the standard
introductory language to a definition section.

Subsection (a)(2) of this section is restated as a definition to avoid
repetition of the phrase "a violation of Article 27, § 464, § 464A, § 464B, §
464C, or § 464F of the Code or an attempt to violate Article 27, § 464, §
464A, § 464B, or § 464C of the Code as a principal or an aider or abettor".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the term "sexual offense", as
defined in subsection (a)(2) of this section, does not include first degree
rape (Art. 27, § 462) or second degree rape (Art. 27, § 463). However, it does
include first degree sexual offense (Art. 27, § 464), second degree sexual
offense (Art. 27, § 464A), third degree sexual offense (Art. 27, § 464B),

 

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Session Laws, 1999
Volume 796, Page 765   View pdf image
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