fourth degree sexual offense (Art. 27, § 464C), attempt to commit rape in
the first or. second degree or a sexual offense in the first or second degree
(Art. 27, § 464F), and attempt to violate any of the provisions of Art. 27, §§
464 through 464C. The General Assembly may wish to amend the
definition of "sexual offense" in subsection (a)(2) of this section to include
first and second degree rape.

Subsection (a)(3) of this section is a new definition added to reflect that
this section does not apply to the Patuxent Institution or the Baltimore
City Detention Center because these facilities are not "administered by the
Division of Correction", as specified by former Art. 27, § 692A(a).

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that this section should logically
apply to inmates of the Patuxent Institution and the Baltimore City
Detention Center as well as inmates of State correctional facilities that are
operated by the Division of Correction. The General Assembly may wish to
amend this section to make it applicable to the Patuxent Institution and
the Baltimore City Detention Center.

In subsections (b) and (c) of this section, the references to sentencing an
inmate to a "term of imprisonment" are added to state expressly that
which was only implied in the former law.

In subsection (b) of this section, the reference to an inmate who is
convicted of a sexual offense "that was committed while the inmate was
serving a sentence" is new language 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 the reference in subsection (b)
of this section to "the sentence that the inmate was serving at the time of
the sexual offense" may not have the meaning that was intended by the
General Assembly. For example, if an inmate is serving a 5-year sentence
and also has a 10-year sentence that runs consecutive to the 5-year
sentence, subsection (b) of this section requires that the sentence that is
imposed for the new sexual offense be served consecutive to the 5-year
sentence rather than the 10-year sentence. See Robinson v. Lee, 317 Md.
371 (1989) (holding that a sentence that is to be served "consecutive with
[the] sentence now serving" is to be served consecutive to the sentence then
being served rather than the aggregate of all preexisting unserved
sentences). The General Assembly may wish to amend this provision to
require that the sentence for the new sexual offense be served consecutive:
(1) in the case of an inmate who is serving a single sentence, to that
sentence; and (2) in the case of an inmate who is serving multiple
sentences, to the last sentence to expire.

Subsection (c) of this section is revised to state expressly that which was
only implied in the former law and to reflect the holding of DiPietrantonio
v. State, 61 Md. App. 528, 532 (1985), cert. denied, 303 Md. 295 (1985)