sentence to a "term of" Non-Division custody is substituted for the former
reference to a sentence "to be served in" Non-Division custody, for
consistency within this paragraph, which includes a reference to "term of
Division custody.
In subsections (b)(1) and (2) and (d) of this section, the former references to
an inmate's release "whether" and "regardless of whether the release is"
due to expiration of a sentence, parole, or the application of diminution
credits are deleted as surplusage.
In subsection (c) of this section, the references to a term of "confinement"
are added to state expressly that which was only implied in the former
references to a "term" and for consistency throughout this article. See
General Revisor's Note to this article.
Defined terms: "Correctional facility" § 1-101
"Division of Correction" § 1-101
"Inmate" § 1-101
"Local correctional facility" § 1-101
SUBTITLE 3. TRANSFERS.
9-301. TRANSFER OF DEFENDANT WHEN CASE IS REMOVED TO ANOTHER COUNTY.
IF A CRIMINAL CASE IS REMOVED FROM ONE COUNTY TO ANOTHER AND THE
DEFENDANT IS DETAINED IN A CORRECTIONAL FACILITY, THE DEFENDANT MAY NOT
BE TRANSFERRED TO THE COUNTY TO WHICH THE CASE WAS REMOVED UNTIL THE
PRESENCE OF THE DEFENDANT IS REQUIRED IN THE COURT TO WHICH THE CASE
WAS REMOVED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 619.
The reference to the time when the "presence of the defendant is required
in" the court to which the case was removed is substituted for the former
archaic reference to the "first day of the session of" the court to which the
case was removed to state expressly that which was only implied in the
former law.
Defined terms: "Correctional facility" § 1-101
"County" § 1-101
9-302. CASES THAT HAVE BEEN REMOVED TO ANOTHER COUNTY
(A) SENTENCE.
IF AN INDIVIDUAL WHOSE TRIAL HAS BEEN REMOVED IS CONVICTED OF A
CRIME PUNISHABLE BY IMPRISONMENT IN A LOCAL CORRECTIONAL FACILITY, ANY
SENTENCE OF IMPRISONMENT IMPOSED BY A COURT SHALL BE TO A LOCAL
CORRECTIONAL FACILITY OF THE COUNTY FROM WHICH THE CASE WAS REMOVED.
(B) TRANSFER OF INDIVIDUALS.
|