REGULATIONS ADOPTED BY THE DIVISION OF CORRECTION FOR THE MANAGEMENT
AND CONTROL OF INMATES EMPLOYED IN PUBLIC WORK.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 718.

In this section, the first reference to "regulations" is substituted for the
former reference to "special rules" for consistency throughout this article.
See General Revisor's Note to this article. Similarly, the former reference
to "rules" is deleted as unnecessary in light of the second reference to
"regulations".

Also in this section, the former reference to regulations adopted by "said
superintendent" is deleted as unnecessary in light of the general authority
granted under this section to the Division of Correction to adopt
regulations.

Also in this section, the former reference to "cheerful" compliance is
deleted as surplusage.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of the reference
to a "good behavior allowance" in this section is unclear. The Committee is
uncertain as to how a good behavior allowance granted under this section
relates to diminution credits awarded for good conduct under §§ 3-704,
11-503, and 11-504 of this article, for work tasks under §§ 3-705 and
11-505 of this article, and for special work projects under §§ 3-707 and
11-506 of this article. Diminution credits awarded under these sections are
used to reduce an inmate's term of confinement. See § 7-101(g) of this
article (which defines the term "mandatory supervision"). Did the General
Assembly intend that a "good behavior allowance" granted under this
section be used to reduce an inmate's term of confinement? This section
refers to an "additional" good behavior allowance. Did the General
Assembly intend to authorize the Division of Correction to grant
diminution credits for "good behavior" under this section in addition to
diminution credits awarded for good conduct under 3-704, 11-503, and
11-504 of this article, for work tasks under §§ 3-705 and 11-505 of this
article, and for special work projects under §§ 3-707 and 11-506 of this
article?

The General Assembly may wish to repeal this section in light of the
specific provisions regarding diminution credits in 3-704, 3-705, 3-707,
11-503, 11-504, 11-505, and 11-506 of this article. Alternatively, the
General Assembly may wish to clarify: (1) whether a good behavior
allowance granted under this section should be used to reduce an inmate's
term of confinement; and (2) if so, whether diminution credits for "good
behavior" may be granted under this section in addition to the diminution
credits awarded under §§ 3-704, 3-705, 3-707, 11-503, 11-504, 11-505,
and 11-506 of this article. See also § 9-513 of this subtitle and
accompanying Revisor's Note.