(1) FROM THE FIRST DAY OF THE INMATE'S POSTSENTENCE
COMMITMENT TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILITY TO THE
LAST DAY OF THE INMATE'S MAXIMUM TERM OF CONFINEMENT;
(2) AT THE RATE OF 5 DAYS FOR EACH CALENDAR MONTH; AND
(3) ON A PRORATED BASIS FOR ANY PORTION OF A CALENDAR MONTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 704A(d).
In subsection (a) of this section, the former reference to "the inmate's
future good conduct" is deleted as unnecessary in light of § 11-507 of this
subtitle, which provides that diminution credits that are awarded under
this section may be revoked for violations of disciplinary rules.
In subsection (b)(1) of this section, the reference to the first day of an
inmate's "postsentence" commitment to a local correctional facility is added
to state expressly that which was only implied in the former law, i.e., an
inmate is allowed deductions under this section only for time served in
postsentence confinement. No substantive change is intended.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the standard for good conduct
that is established in this section for postsentence confinement is different
than the standard for good conduct that is established in § 11-503 of this
subtitle for presentence confinement. Under this section, an inmate is
allowed an initial deduction from the inmate's term of confinement that is
calculated at a rate of 5 days for each calendar month of postsentence
confinement. As provided in § 11-507 of this subtitle, these deductions may
be revoked only if the inmate violates the rules of discipline. There is no
statutory authority for revoking the deductions that are allowed under this
section for failure to "[labor] with diligence and fidelity when the
opportunity for labor is available". The General Assembly may wish to
amend one or both of these sections to make the standard for good conduct
the same for both presentence and postsentence confinement.
Defined terms: "Inmate" § 1-101
"Local correctional facility" §1-101
11-505. SAME — INDUSTRIAL, AGRICULTURAL, OR ADMINISTRATIVE TASKS;
EDUCATIONAL AND TRAINING COURSES.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER DEDUCTIONS ALLOWED UNDER THIS SUBTITLE,
AN INMATE MAY BE ALLOWED A DEDUCTION OF 5 DAYS FROM THE INMATE'S TERM
OF CONFINEMENT FOR EACH CALENDAR MONTH OF PRESENTENCE OR
POSTSENTENCE CONFINEMENT DURING WHICH THE INMATE MANIFESTS:
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