In subsection (a)(2)(i) of this section, the reference to due course of "law" is
substituted for the former reference to due course of the "laws [of the
United States]" for consistency with subsection (a)(1) of this section.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the amount due to be paid for
keeping federal inmates under subsection (a)(2)(iii) of this section is
extraordinarily low and does not reasonably reflect current costs. As a
practical matter, each county usually enters into, an agreement with the
federal marshal service or other appropriate federal agency for a per diem
rate for any federal prisoner the county agrees to take into custody. The
General Assembly may wish to repeal this section as obsolete or amend it
to reflect current practice, i.e., to authorize a county to enter into an
agreement with the federal government regarding reimbursement for the
cost of keeping and supporting individuals who are committed to the
custody of the sheriff under the authority of the United States government.
In subsection (b)(1) of this section, the former reference to an "ordinance" is
deleted as included in the comprehensive reference to a "law".
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the reference in the second
sentence of former Art. 87, § 48(a), which is revised in subsection (b)(2) of
this section, to inmates who are "committed" to the custody of a local
correctional facility could be interpreted to exclude the following two
categories of inmates: (1) inmates who are being held in the custody of a
local correctional facility under the. terms of a contract with the federal
government, another state, or any other entity, and (2) inmates who are
being held in the custody of the local correctional facility after being
arrested but prior to an appearance before a commissioner or other judicial
authority. The General Assembly may wish to amend subsection (b)(2) of
this section to clarify that the managing official's duty to provide for the
safekeeping, care, and feeding of inmates extends to these two categories of
inmates.
In subsection (b)(2) of this section, the reference to the discharge, release,
or withdrawal of an inmate from a local correctional facility "by due course
of law" is substituted for the former reference to the discharge, release, or
withdrawal of an inmate "by the sheriff, or under court order, or other
authority" for consistency with terminology used in subsection (a) of this
section.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of the word
"certified" in subsection (c) of this section is unclear because the former
law does not indicate the source of certification. This term may refer to
certification by the Correctional Training Commission (see Title 8, Subtitle
2 of this article), the Police Training Commission (see Art. 41, § 4-201 of
the Code), or another entity. The General Assembly may wish to amend
this subsection to clarify the source of certification.
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