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Session Laws, 1999
Volume 796, Page 940   View pdf image
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imposed payments and to avoid any implication under former Art. 27, §
645MM(e)(2)(iii) that a deduction from the income of an inmate could only
be made if the inmate were legally obligated to pay all three types of
payments in a particular case.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (g)(2)(v) of this
section is silent as to whether, from the earnings of an inmate in the
program, the Public Defender will be repaid for services provided to the
inmate. Compare §§ 11-703(d)(4)(ii)6 and 11-705(i)(2)(v) of this subtitle.
The General Assembly may wish to amend subsection (g)(2)(v) to require
that the warden deduct and disburse, from the earnings of an inmate, any
amount that the inmate was ordered to pay under Art. 27A, § 7 for services
rendered by the Public Defender.

The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that subsection (g) of this section,
which sets forth rules governing the disposition of an inmate's earnings, is
one of many provisions in this article that relates to this subject. However,
there are significant inconsistencies throughout this article in the
provisions governing the disposition of an inmates 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), 11-704(d), 11-705(i), 11-706(b)(5),
11-707(b), 11-708(b)(7), 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 (h)(1) of this section, the reference to the "establish[ing]'' of a
trust or condition is substituted for the former reference to the
"prescrib[ing]" of a trust or condition for stylistic consistency within this
article.

In subsection (h)(1)(ii) of this section, the reference to an inmate's "term" of
confinement is substituted for the former reference to the inmate's "period"
of confinement for consistency throughout this article. See General
Revisor's Note to this article.

In subsection (h)(2) of this section, the former reference to a "prisoner's"
authorization for leave is deleted as implied in the reference to
"authorization for leave" and for consistency with subsection (i)(2) of this
section.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (h)(2) 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
release, compassionate leave, family leave, etc.). For a discussion of the

 

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Session Laws, 1999
Volume 796, Page 940   View pdf image
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