defined term "public roads". See § 9-501 of this subtitle for the definition
of "public roads".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the reference to "male"
inmates in subsection (b) of this section may reflect outdated assumptions
about differences between male and female inmates and may be a violation
of the guarantees of equal protection that are embodied in the State and
federal constitutions. See also §§ 9-503(a) and 9-508(a) and (b) of this
subtitle.

Defined terms: "Inmate" § 1-101

"Local correctional facility" § 1-101

"Public roads" § 9-501

"State correctional facility" § 1-101

9-508. CERTIFICATION TO GOVERNOR OF INMATES AVAILABLE FOR ROAD WORK
FORCE.

(A) CERTIFICATION BY COMMISSIONER

THE GOVERNOR MAY REQUIRE THAT THE COMMISSIONER OF CORRECTION
CERTIFY TO THE GOVERNOR THE NUMBER OF MALE INMATES WHO ARE CONFINED
IN CORRECTIONAL FACILITIES IN THE DIVISION OF CORRECTION AND WHO ARE
AVAILABLE AND PHYSICALLY ABLE TO WORK ON PUBLIC ROADS OF THE STATE.

(B) CERTIFICATION BY LOCAL GOVERNING BODY.

IF THE GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION DESIRES
THAT INMATES OF A CORRECTIONAL FACILITY UNDER ITS JURISDICTION WORK ON
PUBLIC ROADS OF THE STATE, THE GOVERNING BODY MAY CERTIFY TO THE
GOVERNOR THE NUMBER OF MALE INMATES WHO ARE AVAILABLE AND PHYSICALLY
ABLE TO PERFORM THE WORK.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 27, § 720 and the first clause
of the second sentence as it related to the authority of local governments to
certify the number of inmates to the Governor.

In subsection (a) of this section, the former phrase "from time to time" is
deleted as surplusage.

Also in subsection (a) of this section, the reference to correctional facilities
"in" the Division of Correction is substituted for the former reference to
correctional facilities "under the jurisdiction" of the Division of Correction
for consistency throughout this article. See General Revisor's Note to this
article.

In subsections (a) and (b) of this section, the former references to the roads
of "any county, city or town thereof" are deleted as included in the
references to the roads "of the State".