AN INMATE WHO ESCAPES WHILE ASSIGNED TO PERFORM LABOR OR PROVIDE
SERVICES UNDER THIS SECTION IS GUILTY OF ESCAPE UNDER ARTICLE 27, § 139 OF
THE CODE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, § 26.
In subsection (a) of this section, the reference to the Department "of State
Police" is added to reflect the definition of "Department" in Art. 88B, § 2.
Also in subsection (a) of this section, the reference to inmates who have
been "sentenced to imprisonment" is substituted for the former reference
to inmates who are "under sentence" for clarity.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b) of this section is
one of many provisions in this article that relates to inmates who escape
while legitimately outside the confines of a correctional facility (e.g., while
on work release, home detention, pretrial release, weekend leave,
compassionate leave, family leave, etc.), For a discussion of the
Committee's perspective on these provisions, see § 3-305(c) of this article
and accompanying Revisor's Note.
Defined terms: "Division of Correction" § 1-101
"Inmate" § 1-101
"Local correctional facility" § 1-101
"Managing official" § 1-101
GENERAL REVISOR'S NOTE TO SUBTITLE:
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that many aspects of §§ 9-503
through 9-506 of this subtitle are duplicative of §§ 9-507 through 9-514 of
this subtitle. There is no clear reason for this duplication.
The source law for §§ 9-503 through 9-506, former Art. 27, §§ 712 through
718, was enacted by Ch. 211, Acts of 1916. The source law for §§ 9-507
through 9-514, former Art. 27, 719 through 726, was enacted as an
emergency measure by Ch. 4, Acts of 1917 (Special Session). The provisions
of former Art. 27, §§ 719 through 726 stood alone and were not intertwined
with the provisions of former Art. 27, §§ 712 through 718. All of these
former provisions remained largely unchanged after their original
enactment.
In light of the Committee's uncertainty as to the purpose of the
overlapping aspects of this subtitle and the age of the underlying source
law for this subtitle, the General Assembly may wish to examine the
provisions of this subtitle and determine whether the current inmate work
force system should be modified or eliminated.
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