person who is liable "to the discharge of" expenses is deleted as implicit in
the reference to the "liab[ility]" for expenses of an individual "who is
sentenced to imprisonment in a correctional facility ... or is to be executed".
Also in the introductory language of subsection (a) of this section, the
reference to a "correctional facility in the Division of Correction" is
substituted for the former reference to the "penitentiary" to reflect §
9-103(a) of this article, which provides that any statutory reference to the
sentencing or confinement of inmates to a specific State correctional
facility must be construed to mean sentencing or confinement to the
jurisdiction of the Division of Correction.
In subsection (a)(1) of this section, the former reference to "retribution"
and reparation is deleted for consistency with subsection (b) of this section.
Also in subsection (a)(1) of this section, the reference to "each person
injured by the individual" is substituted for the former reference to "the
party injured" to state expressly that which was only implied in the former
law.
In subsection (a)(2) of this section, the reference to an "individual" is
substituted for the former reference to a "criminal" for consistency within
this section.
In subsection (b) of this section, the reference to costs incurred "by the
State" is added for clarity.
Also in subsection (b) of this section, the former reference to "charges" is
deleted as included in the reference to "costs".
Also in subsection (b) of this section, the reference to an "individual" is
substituted for the former reference to an "offender" for consistency within
this section.
In subsection (c) of this section, the requirement that a managing official
"maintain a record of the liability of the estate of the individual" is
substituted for the former requirement that a managing official "enter [the
information] in books to be by him kept for that purpose" for clarity.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that this section may be
unconstitutional under Md. Decl. of Rights, Art. 27, which provides that
"[n]o conviction shall work corruption of blood or forfeiture of estate". The
General Assembly may wish to examine this issue. If the General
Assembly decides that this section does not violate the constitutional
prohibition against a conviction causing "corruption of blood or forfeiture of
estate", it may wish to transfer this section to the Estates and Trusts
Article.
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