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Session Laws, 1999
Volume 796, Page 913   View pdf image
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11-704(d)(4)(i) and 11-706(b)(5)(iv)1 of this subtitle.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (d)(4) of this
section sets forth rules governing the disposition of an inmate's earnings.
The Committee further notes that there are significant inconsistencies
throughout this article in statutory provisions governing the disposition of
an inmate's earnings in different contexts. See, e.g., §§ 3-804, 3-807(e)(1),
9-504(d), 9-512(b), 11-319(b), 11-407(b), 11-604, 11-704(d), 11-705(i),
11-706(b)(5), 11-707(b), 11-708(b)(7), 11-711(g), 11-712(c)(5),
11-714(c)(4), 11-715(e), 11-716(g), 11-717(e), 11-718(e), 11-719(b),
11-722(b), 11-724(g), and 11-725(b) of this article and accompanying
Revisor's Notes. The General Assembly may wish to examine all of the
relevant provisions and determine whether they should be changed to
reflect a more consistent policy in this area.

In the introductory language of subsection (d)(5) of this section, the
reference to a violation of "any provision of or fail[ure] to perform any duty
imposed by" a regulation adopted under this subsection is deleted as
included in the reference to a violation of "a regulation adopted under this
section".

In subsection (d)(5)(iii) of this section, the reference to a regulation adopted
under this "section" is substituted for the former inaccurate reference to a
regulation adopted under this "subsection". Former Art. 27, 645Y(e), which
is revised in subsection (d)(5) of this section, did not authorize the adoption
of regulations governing work release, training, and rehabilitation
programs. The authority to adopt regulations governing these programs
was granted by former Art. 27, § 645Y(d)(1), which is revised in subsection
(d)(2) of this section.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsections (d)(5)(ii) and (f)(4)
of this section are two of the many provisions in this article that relate to
inmates who escape while legitimately outside the confines of a
correctional facility (e.g., while on work release, home detention, pretrial
release, weekend leave, compassionate leave, family leave, etc.). For a
discussion of the Committee's perspective on these provisions, see §
3-305(c) of this article and accompanying Revisor's Note.

In subsection (e)(1) of this section, the former reference to a crime "for
which the court may assess a fine, court costs, or both" is deleted as
implied in the reference to the "satisf[action]" of "a fine or court costs".

Also in subsection (e)(1) of this section, the former reference to a work
program established under the jurisdiction of "the local office of" the
Division of Parole and Probation is deleted for accuracy. Currently, no such
work program exists. If a work program is created in the future, it would
be created under the jurisdiction of "the Division of Parole and Probation".

 

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Session Laws, 1999
Volume 796, Page 913   View pdf image
 Jump to  
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