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Session Laws, 1999
Volume 796, Page 927   View pdf image
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"court" because the orphans' court should not have authority to order the
release of an inmate from custody. The General Assembly may wish to
restrict the authority granted under subsection (b)(2) of this section to
judges of "the committing court". See, e.g., §§ 11-704(c)(1)(i),
11-712(c)(2)(ii), and 11-717(d)(1) and (2) and (f)(3) of this subtitle.

In subsection (b)(3) of this section, the requirement that "the supervisor ...
establish and administer" the program is substituted for the former
reference to "establish[ing] and administer[ing]" the program "under the
jurisdiction of the supervisor" for clarity and brevity.

In the introductory language of subsection (b)(4) of this section, the former
reference to an inmate leaving confinement "when necessary" is deleted as
unnecessary in light of the specific circumstances listed in subsection
(b)(4)(i) through (iii) of this section.

In subsection (b)(4) of this section, the reference to the defined term
"inmate" is substituted for the former reference to "defendants" for
consistency with subsection (b)(2), (5), (6), and (7) of this section.

In subsection (b)(5)(i) of this section, the word "required" is substituted for
the former word "received" for consistency within this subtitle. See, e.g., §§
11-704(d)(1) and 11-711(g)(1).

In subsection (b)(5)(iv) of this section, the reference to the "supervisor of
the program" is added to state expressly that which was only implied in
the former law.

In subsection (b)(5)(iv)1 of this section, the phrase "remaining balance" is
substituted for the former phrase "balance remaining after such
deductions and disbursements" for brevity and consistency within this
subtitle. See, e.g., §§ 11-703(d)(4)(iii) and 11-704(d)(4)(i) of this subtitle.

In subsection (b)(5)(iv)2 of this section, the reference to "pay[ing] the
balance" is substituted for the former reference to "turning] over" the
balance for consistency within this subtitle. See, e.g., § 11-704(d)(4).

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(5) 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)(l),
9-504(d), 9-512(b), 11-319(b), 11-407(b), 11-604, 11-703(d)(4), 11-704(d),
11-705(i), 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.

 

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Session Laws, 1999
Volume 796, Page 927   View pdf image
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