The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(7) 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), 11-706(b)(5), 11-707(b), 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 (b)(8)(ii) of this section, the reference to a violation of a term
of leave being "[a] violation of" Art. 27, § 139 is substituted for the former
reference to a violation of a term of leave being "considered a violation of"
Art. 27, § 139 for accuracy.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(8)(ii) of this
section is one of many provisions in this article that relates 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 (c)(2) of this section, the former reference to an individual
who is sentenced to imprisonment "by any court in Carroll County" is
deleted as unnecessary in light of subsection (a) of this section.
Also in subsection (c)(2) of this section, the former reference to a home
detention program "established under this section" is deleted as implied in
the reference to the "home detention program".
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c)(2) of this
section authorizes a "sentencing judge" to require that an individual
participate in home detention. Subsection (c)(2) is silent as to what
happens when the sentencing judge is unable to act on the matter. The
General Assembly may wish to amend subsection (c)(2) to state expressly
that, when a sentencing judge is unable to act, the authority to require
that an individual participate in home detention extends to other judges of
the committing court. See, e.g., §§ 11-704(c)(1)(i), 11-706(b)(2),
11-712(c)(2)(ii), and 11-717(d)(1) and (2) and (f)(3) of this subtitle.
Alternatively, the General Assembly may wish to amend subsection (c)(2)
to reflect the language of Maryland Rule 4-347, which establishes
procedures for hearings on alleged violations of probation. Maryland Rule
4-347 requires "[t]he court" to hold a hearing to determine whether a
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