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Session Laws, 1999
Volume 796, Page 917   View pdf image
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without substantive change from former Art. 27, §§ 645W and 645X.

Former Art. 27, § 645X(a), which is revised in subsection (b) of this section,
was applicable only to subsection (e) of this section. In this revision, it is
made applicable to subsections (c) and (d) of this section to clarify that
these subsections also apply only in Baltimore City.

In subsection (c)(1) of this section, the reference to the defined term
"inmate" is substituted for the former reference to "a person detained in"
the Baltimore City Detention Center for consistency throughout this
article.

Also in subsection (c)(1) of this section, the reference to "any time during a
period of confinement", which formerly described when the Commissioner
could allow an inmate to participate in an authorized activity, is deleted as
implied in the reference to the defined term "inmate".

In subsection (c)(3) of this section, the former reference to a "prescribed"
program is deleted as implied in the reference to "program".

In subsection (d)(1) and (2) of this section, the references to the earnings
"of the inmate" are added to clarify whose earnings are to be surrendered
and from whose earnings the required deductions are to be made.

In the introductory language of subsection (d)(4) of this section, the
reference to the "Commissioner or Commissioner's designee" is added to
state expressly that which was only implied in the former law.

In subsection (d)(4)(i) of this section, the phrase "remaining after these
deductions and payments", which formerly modified "[a]ny balance", is
deleted for consistency with other provisions in this subtitle. See, e.g., §§
11-703(d)(4)(iii) and 11-706(b)(5)(iv).

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (d) 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, 11-703(d)(4), 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 subsection (d)(5) of this section, the reference to "any part of" the
inmate's final earnings remaining after deductions under subsection (d)(2)
of this section is added to state expressly that which was formerly only
implied in the reference to the inmate's "final earnings".

 

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Session Laws, 1999
Volume 796, Page 917   View pdf image
 Jump to  
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