(B) CONVERSION OF WORK RELEASE PROGRAMS INTO CENTERS.
(1) WITH THE APPROVAL OF THE SECRETARY, A COUNTY MAY CONVERT
A WORK RELEASE PROGRAM ESTABLISHED UNDER TITLE 11, SUBTITLES 1 AND 7 OF
THIS ARTICLE INTO A CENTER THAT IS SUBJECT TO THIS SUBTITLE.
(2) THE PROVISIONS OF § 11-309 OF THIS SUBTITLE DO NOT APPLY TO A
WORK RELEASE PROGRAM THAT IS CONVERTED INTO A CENTER
(3) THE SECRETARY SHALL ADOPT REGULATIONS FOR THE
CONVERSION OF A WORK RELEASE PROGRAM INTO A CENTER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 710E.
In subsections (a) and (b) of this section, the references to authority
granted and work release programs established under Title 11, Subtitle 1
of this article are technically narrower than the references in former Art.
27, § 710E to authority granted and work release programs established
under former Art. 27, § 705 because former Art. 27, § 705(g) is revised in §
9-105 of this article. However, since former Art. 27, § 705(g) related only to
the sentencing of individuals to local correctional facilities, omitting
references to § 9-105 in subsections (a) and (b) of this section does not
affect a substantive change.
Also in subsections (a) and (b) of this section, the references to authority
granted and work release programs established under Title 11, Subtitle 7
of this article are technically broader than the references in former Art. 27,
§ 710E to authority granted and work release programs established under
former Art. 27, 645K through 645V. Title 11, Subtitle. 7 of this article
includes source law from former Art. 27, §§ 638AC, 639A, and 645W
through 645MM, as well as source law from former Art. 27, §§ 645K
through 645V. However, the references in subsections (a) and (b) of this
section to Title 11, Subtitle 7 in its entirety do not affect a substantive
change. The provisions of former Art. 27, §§ 638AC and 639A, which are
revised in §§ 11-712(b) and 11-719 of this article, do not conflict in any
way with subsections (a) and (b) of this section. The provisions of former
Art. 27, §§ 645W through 645MM, which were, enacted after the original
enactment of Art. 27, § 710E (see Ch. 234, Acts of 1976), established the
same types of authority for various counties as was established in former
Art. 27, §§ 645T through 645V for Montgomery, Harford, and Prince
George's Counties. The Committee believes that former Art. 27, § 710E
should have been amended to include a cross-reference to each of these
sections as they were enacted by the General Assembly.
In subsection (b)(3) of this section, the requirement that the Secretary
"adopt regulations" is substituted for the former requirement that the
Secretary, "by rule, adopt procedures" for consistency throughout this
article. See General Revisor's Note to this article.
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