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Session Laws, 1999
Volume 796, Page 815   View pdf image
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The former reference to "penal institution" is deleted as included in the
term "correctional facility".

The reference to "confinement" is substituted for the former reference to
"imprisonment" for consistency throughout this article. See General
Revisor's Note to this article.

Defined terms: "Inmate" § 1-101

"State correctional facility" § 1-101

9-610. CONSTRUCTION OF PENALTY PROVISION.

IF A PROVISION OF THE CODE IMPOSES A PENALTY OF 3 MONTHS OF
IMPRISONMENT, THE PERIOD OF 3 MONTHS SHALL BE CALCULATED TO BE 90
CALENDAR DAYS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 1, § 2A.

In this section, the former reference to how a period of 3 months shall be
"construed" is deleted as unnecessary in light of the specific requirement
that it be "calculated to be 90 calendar days".

9-611. COPY OF THE WARRANT OR DETAINER

(A) DETAINEE ENTITLED TO TRUE COPY

AN INDIVIDUAL WHO IS COMMITTED OR DETAINED, OR ANOTHER INDIVIDUAL
ON THAT INDIVIDUAL'S BEHALF, MAY DEMAND A TRUE COPY OF THE WARRANT OF
COMMITMENT OR DETAINER

(B) PENALTY FOR FAILURE TO DELIVER

IF AN OFFICER OR OTHER INDIVIDUAL NEGLECTS OR REFUSES TO DELIVER A
TRUE COPY OF THE WARRANT OF COMMITMENT OR DETAINER, IF THERE IS ONE,
WITHIN 6 HOURS AFTER THE COPY HAS BEEN DEMANDED, THE OFFICER OR OTHER
INDIVIDUAL SHALL FORFEIT $500 TO THE INDIVIDUAL WHO IS COMMITTED OR
DETAINED.

(C) SURVIVAL OF ACTION.

THE RIGHT OF ACTION TO RECOVER THE FORFEITURE PROVIDED UNDER THIS
SECTION OR § 2-305 OF THE COURTS ARTICLE SURVIVES THE DEATH OF EITHER
PARTY.

(D) EXEMPTION FOR EMPLOYEES OF THE DIVISION OF CORRECTION.

THE PROVISIONS OF SUBSECTIONS (B) AND (C) OF THIS SECTION DO NOT APPLY
TO THE OFFICIALS AND EMPLOYEES OF THE DIVISION OF CORRECTION AND THE
PATUXENT INSTITUTION.

REVISOR'S NOTE: This section formerly was Art. 27, § 617.

In subsections (a) and (b) of this section, the references to an "individual"

 

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Session Laws, 1999
Volume 796, Page 815   View pdf image
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