In subsection (e)(2) of this section, the former reference to the "original"
fine and court costs is deleted as implied in the reference to "the fine and
court costs".
Also in subsection (e)(2) of this section, the former reference to the fine and
court costs "imposed by the court" is deleted as implied in the reference to
"the fine and court costs".
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that Anne Arundel County does
not have a farm labor program for its inmates nor does it plan to adopt one.
The General Assembly may wish to repeal subsection (f) of this section as
obsolete. If subsection (f) is not repealed, subsection (f)(2) of this section,
which allows "able-bodied male" inmates to be assigned to farm labor,
should be examined for conflicts with Article 46 of the Maryland
Declaration of Rights and the Americans with Disabilities Act.
The Correctional Services Article Review. Committee, also notes, for
consideration by the General Assembly, that subsection (f)(2)(ii) of this
section, which requires that the person requesting farm labor pay certain
costs, does not specify to whom the payments must be made or how it
relates to the requirement in subsection (f)(3) of this section that the
County Council reimburse the Administrator for similar costs. If
subsection (f) is not repealed, the General Assembly may wish to require
that a farmer pay the County for the specified costs and that the County
appropriate money to reimburse the Administrator.
In subsection (f)(2)(iii) of this section, the phrase "as they may deem
advisable", which formerly modified the reference to a superintendent's
authority to "require ... a payment in advance", is deleted as implied in the
broad grant of authority to the Administrator.
In subsection (f)(2) and (3) of this section, the references to the defined
term "Administrator" are substituted for the former references to
"superintendent of the county detention center" for consistency within this
section.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (f)(4) of this section
makes escape from a farm labor program a misdemeanor. However, under
Art. 27, § 139 of the Code, the crime of escape is a felony.
Defined terms: "Court" § 11-701
"Division of Parole and Probation" § 1-101
"Inmate" § 1-101
"Local correctional facility" § 1-101
"Person" § 1-101
11-704. BALTIMORE CITY.
(A) DEFINITION OF COMMISSIONER
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