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Session Laws, 1999
Volume 796, Page 779   View pdf image
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jurisdiction of the Division of Correction" is substituted for the former
reference to "State-sentenced" inmates for clarity and for consistency with
subsection (a)(1) of this section.

In the introductory language of subsection (c) of this section, the phrase
"[f]or the purpose of calculating reimbursement under this subtitle" is
substituted for the former phrase "[w]hen providing reimbursement under
[Article 27, § 690(d)]" to reflect the new structure of this subtitle. Former
Art. 27, § 690(d)(1), which set forth a number of defined terms, is revised in
§ 9-401(a) through (d) of this subtitle. Former Art. 27, § 690(d)(2), which
established rules relating to the calculation of reimbursement for
"sentenced inmates" (i.e., inmates sentenced to a local correctional facility
for more than three months), is revised in § 9-402 of this subtitle. Former
Art. 27, § 690(d)(3), which established reimbursement procedures for
"sentenced inmates" as well as inmates under sentence to the Division of
Correction but held in a local correctional facility, is revised in § 9-404 of
this subtitle.

Also in the introductory language of subsection (c) of this section, the
reference to inmates who are "confined" in a new local correctional facility
is substituted for the former reference to inmates who are "housed" in a
new local correctional facility for consistency throughout this article. See,
e.g., § 9-401(d) of this subtitle.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the discretion granted to the
Commissioner of Correction in subsection (c) of this section to select
between different ways of determining the previous fiscal year's total
actual annual operating cost is not guided by any criteria or standard. The
General Assembly may wish to establish a standard or certain criteria to
be considered by the Commissioner in making this decision.

Defined terms; "Commissioner of Correction" § 1-101
"County" § 1-101
"Division of Correction" § 1-101
"Inmate" § 1-101

"Local correctional facility" § 1-101

"Total actual annual operating costs" § 9-401

9-404. REIMBURSEMENT PROCEDURES.

(A) CERTIFICATION TO COMPTROLLER

ON OR BEFORE SEPTEMBER 30, DECEMBER 31, MARCH 31, AND JUNE 30 OF EACH
YEAR, THE SECRETARY SHALL CERTIFY TO THE COMPTROLLER 25% OF THE AMOUNT
ESTIMATED TO BE THE AMOUNT DUE TO A COUNTY UNDER THIS SUBTITLE.

(B) COMPENSATION FOR DISCREPANCIES.

 

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Session Laws, 1999
Volume 796, Page 779   View pdf image
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