1999 LAWS OF MARYLAND

Assembly may wish to amend subsections (b)(1) and (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),
11-709(b)(2)(i) and (3)(i), 11-712(d)(2) and (3)(i) 11-715(d)(l) and (g)(1)(i),
and 11-723(b)(2) and (3)(i) of this subtitle and accompanying Revisor's
Notes. If the General Assembly amends subsections (b)(1) and (d)(2),
corresponding changes should be made to subsection (b)(3)(i) of this
section, which gives the "sentencing judge" authority to require that an
inmate comply with the terms and conditions that the judge considers
appropriate, and subsection (d)(3)(i) of this section, which refers to the
recommendation of the "sentencing judge".

In subsection (b)(3)(ii) of this section, the phrase "may not affect" is
substituted for the former phrase "shall in no event lengthen or shorten
the term of" for brevity.

In subsection (c)(2) of this section, the reference to "an inmate of a local
correctional facility" is substituted for the former reference to "persons
sentenced to imprisonment in the jail" for consistency throughout this
article. See § 1-101 of this article, for the definitions of "inmate" and "local
correctional facility". In light of subsection (b)(1) of this section, which
refers to an individual who is "convicted of a crime and sentenced to
imprisonment", this substitution does not affect a substantive change.

Also in subsection (c)(2) of this section, the phrase "may leave" is
substituted for the former phrase "may be granted the privilege of leaving"
for brevity.

In subsection (c)(4) of this section, the former reference to a work release
program "authorized under this section" is deleted as implied in the
reference to "work release program".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c)(4) 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)(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), 11-711(g), 11-712(c)(5),
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)(5) of this section, the reference to "establish[ing]" a trust