(II) HAS BEEN FOUND GUILTY OF THE CRIME OF:
1. CHILD ABUSE UNDER ARTICLE 27, § 35C OF THE CODE; OR
2. ESCAPE UNDER ARTICLE 27, § 139 OF THE CODE.
REVISOR'S NOTE: Subsection (a) of this section is new language added to
clarify that this section applies only in Frederick County.
Subsections (b), (c), and (d) of this section are new language derived
without substantive change from former Art. 27, §§ 638AC and 645FF.
In the introductory language of subsection (b)(2) and in subsection (b)(2)(i)
and (4)(i) of this section, the defined term "court" is substituted for the
former reference to a "judge" for clarity and consistency within this
subtitle. See General Revisor's Note to this subtitle.
In subsections (b)(4)(ii) and (d)(3)(ii) of this section, the references to
charges pending in any "jurisdiction" are substituted for the former
references to those that are pending in any "city, county, or state" for.
consistency within this subtitle. See, e.g., §§ 11-708(b)(2)(ii),
11-709(b)(3)(ii), 11-711(e)(2), 11-714(d)(3)(ii), 11-715(d)(1)(ii),
11-723(b)(3)(ii), and 11-724(e)(2) of this subtitle. The Correctional Services
Article Review Committee notes, for consideration by the General
Assembly, that the references to charges pending in any "jurisdiction",
which include charges filed in federal court, may be broader than the more
ambiguous references to charges pending in any "city, county, or state".
In subsection (c)(1)(ii) of this section, the former reference to the Sheriff's
authority to adopt guidelines "under which ... its participants" must
operate is deleted as implied in the reference to the Sheriff's authority to
adopt guidelines "for the operation of the program".
Also in subsection (c)(1)(ii) of this section, the requirement to "adopt"
guidelines is added for consistency with the requirement to "adopt"
regulations under subsection (b)(1)(ii) of this section and for clarity.
In subsection (c)(2)(i) of this section, the former reference to guidelines
adopted by the Sheriff "under this section" is deleted as implied in the
reference to "guidelines adopted by the Sheriff".
Also in subsection (c)(2)(i) of this section, the reference to "an individual's
confinement" is substituted for the former reference to "the incarceration
period" for consistency throughout this article. See General Revisor's Note
to this article.
Also in subsection (c)(2)(i) of this section, the reference to a judge's
authority to order that an individual "participate" in the work release
program is substituted for the former reference to a judge's authority to
order that an individual's "criminal confinement in the county detention
center be served" in the work release program for consistency throughout
this article.
|