(2) THE LOCAL CORRECTIONAL FACILITY IS NOT EQUIPPED TO
PROPERLY PROVIDE THE NECESSARY TREATMENT OR DETENTION; AND

(3) WHEN REQUIRED BY ANY OTHER LAW, THE COMMITTING COURT
APPROVES THE TRANSFER

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

In the introductory language to this section, the reference to "pretrial
defendants" is deleted as unnecessary in light of the defined term
"inmate". See § 1-101 of this article for the definition of "inmate".

In item (3) of this section, the former prohibition against "[a] transfer
[taking place] under this subsection ... without" the specified approval is
deleted as unnecessary in light of the introductory language of this section,
which provides that the Commissioner of Correction may accept the
transfer of an inmate only if all of the conditions listed in this section are
met.

Defined terms: "Commissioner of Correction" § 1-101
"Inmate" § 1-101

"Local correctional facility" § 1-101

9-304. TRANSFER OF MINIMUM SECURITY INMATES TO LOCAL CORRECTIONAL
FACILITIES.

BY MUTUAL AGREEMENT WITH A COUNTY OR COUNTIES, THE COMMISSIONER
OF CORRECTION MAY TRANSFER A MINIMUM SECURITY INMATE TO A LOCAL
CORRECTIONAL FACILITY OPERATED BY THE COUNTY OR COUNTIES FOR
PARTICIPATION IN COMMUNITY-ORIENTED CORRECTIONAL PROGRAMS.

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

The reference to a mutual agreement with a "county" or counties is added
for consistency with § 11-102 of this article, which authorizes the
governing body of one or more counties to establish and maintain a local
correctional facility.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that this section is applicable only
to inmates in "minimum security" status. There is no authority under this
section to transfer an inmate who is in "prerelease" status to a local
correctional facility for participation in community-oriented correctional
programs. Since "prerelease" is a lower security status than "minimum
security", the General Assembly may wish to make this section applicable
to both "minimum security" and "prerelease" inmates.