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Session Laws, 1999
Volume 796, Page 768   View pdf image
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(2) IF PAROLE IS NOT REVOKED, ON THE DATE THAT THE CONSECUTIVE
SENTENCE WAS IMPOSED.

(D) CONCURRENT OR PARTIALLY CONCURRENT SENTENCES.

AN INMATE UNDER A SENTENCE TO A TERM OF DIVISION CUSTODY THAT IS
CONCURRENT OR PARTIALLY CONCURRENT TO A TERM OF NON-DIVISION CUSTODY
SHALL BE SUBJECT TO DIVISION CUSTODY IMMEDIATELY ON RELEASE FROM
NON-DIVISION CUSTODY DUE TO THE EXPIRATION OF A SENTENCE, PAROLE, OR THE
APPLICATION OF DIMINUTION CREDITS.

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

In subsection (a)(2) of this section, the reference to the "jurisdiction of the
Division of Correction" is substituted for the former reference to the
"custody of the Commissioner of Correction" for consistency with § 9-103 of
this title, which requires a judge to sentence to "the jurisdiction of the
Division of Correction".

In the introductory language of subsection (a)(3)(ii) of this section, the
former reference to confinement resulting from a sentence to the "custody"
of a local correctional facility is deleted for consistency with subsection
(a)(2) of this section.

In subsection (a)(3)(ii)1 of this section, the former reference to confinement
resulting from a sentence to "a sheriff" is deleted as implied in the
reference to confinement resulting from a sentence to "a local correctional
facility", which covers those situations in which an individual is sentenced
to a local correctional facility that is managed by a sheriff.

In subsection (a)(3)(ii)2 of this section, the reference to a "correctional
facility" in a foreign jurisdiction is substituted for the former reference to
the "custodian" of a foreign jurisdiction for structural consistency with
subsection (a)(3)(ii)1 of this section, which refers to sentencing to a "local
correctional facility". Although the meaning of the term "correctional
facility" may be narrower in some circumstances than the term
"custodian", any situation involving confinement in a foreign jurisdiction
that is not expressly covered by subsection (a)(3)(ii)2 of this section is
covered by the broad definition in subsection (a)(3)(i) of this section.

In subsection (b)(1) of this section, the reference to "Division custody" is
substituted for the former reference to "custody of the Commissioner of
Correction" in light of the definition of "Division custody" in subsection
(a)(2) of this section and. for consistency with subsection (b)(2) of this
section.

Also in subsection (b)(1) of this section, the reference to a sentence to "a
term of" Division custody is added for consistency within this paragraph,
which includes a reference to a "term of" Non-Division custody.
Correspondingly, in subsection (b)(2) of this section, the reference to a

 

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Session Laws, 1999
Volume 796, Page 768   View pdf image
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