11-706(b)(5), 11-707(b), 11-708(b)(7), 11-711(g), 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 (c)(6)(i)2 of this section, the reference to the diminution of an
inmate's "term of confinement" is substituted for the former reference to
the inmate's "sentence" for consistency throughout this article. See
General Revisor's Note to this article. Correspondingly, in subsection (d)(2)
of this section, the reference to an individual's "confinement" is substituted
for the former reference to an individual's "incarceration".
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c)(6)(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.
Also in subsection (d)(2) of this section, the former phrase "[w]hen an
individual is convicted and sentenced to imprisonment" is deleted as
implied in the revision of subsection (d)(2).
Also in subsection (d)(2) of this section, the former reference to "any court
in Frederick County" is deleted as unnecessary in light of subsection (a) of
this section.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (d)(2) of this
section authorizes a "sentencing judge" to require that an individual
participate in the home detention program. Subsection (d)(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 (d)(2) to state
expressly that, when the sentencing judge is unable to act, the authority to
place an individual 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 (d)(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
violation has occurred. The rule also provides that "[w]henever practicable,
the hearing shall be held before the sentencing judge". See also §§
11-708(c)(2) and (3)(i), 11-709(b)(2)(i) and (3)(i), 11-714(b)(1) and (3)(i) and
(d)(2) and (3)(i), 11-715(d)(1) and (g)(1)(i), and 11-723(b)(2) and (3)(i) of
this subtitle and accompanying Revisor's Notes. If the General Assembly
|
|