the "penitentiary" for accuracy. Under § 9-103 of this article, if a law
requires that an individual be sentenced to a particular State correctional
facility, the law must be interpreted to. require that an individual be
sentenced to the Division of Correction.
Also in subsection (a) of this section, the former reference to the sheriff's
responsibility to "safely" remove an inmate is deleted as unnecessary in
light of § 11-201 of this subtitle, which requires a sheriff to "keep safely"
all individuals committed to the sheriff's custody.
In subsection (b) 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 meaning of the word
"certified" in subsection (b) 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.
The Committee further notes, that the penalty provision in subsection (c)
of this section, by its terms, does not apply to law enforcement officers in
Anne Arundel County who, under subsection (b) of this section, may
perform the duty described in subsection (a) of this section instead of the
sheriff. The General Assembly may wish to amend subsection (c) of this
section to make it applicable to any individual who does not comply with
the requirements of subsection (a) of this section.
Defined terms: "County" § 1-101
"Division of Correction" § 1-101
11-203. HEALTH AND WELFARE OF INMATES.
(A) RESPONSIBILITY OF MANAGING OFFICIAL.
(1) THE MANAGING OFFICIAL OF A LOCAL CORRECTIONAL FACILITY
SHALL PROVIDE TO AN INMATE COMMITTED TO THE CUSTODY OF THE MANAGING
OFFICIAL:
(I) FOOD AND BOARD; AND
(II) ANY ARTICLE OF COMFORT THAT IS CONSIDERED NECESSARY
FOR A SICK INMATE BY THE PHYSICIAN ATTENDING THE INMATE.
(2) EXCEPT AS PROVIDED IN § 11-204 OF THIS SUBTITLE AND SUBJECT
TO SUBSECTIONS (B), (C), AND (D) OF THIS SECTION, THE COUNTY SHALL PAY THE
COSTS ASSOCIATED WITH FOOD, BOARD, AND ARTICLES OF COMFORT PROVIDED TO
INMATES UNDER PARAGRAPH (1) OF THIS SUBSECTION.
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