or condition is substituted for the former reference to "proscrib[ing]" a
trust or condition for stylistic consistency throughout this article.
In subsection (c)(5)(ii) of this section, the reference to the diminution "of
the inmate's term of confinement" is added for consistency throughout this
article. Similarly, in subsection (d)(2) of this section, the reference to
"confinement" is substituted for the former reference to "incarceration".
See General Revisor's Note to this article.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c)(6) 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 (d)(1) of this section, the former reference to "rules" and
regulations is deleted for consistency throughout this article. See General
Revisor's Note to this article.
In subsection (d)(2) of this section, the reference to "allow[ing]" an
individual to participate in a home detention program is substituted for
the former reference to "prescribing]" that an individual participate in the
program for consistency with paragraph (3)(i) of this subsection, which
refers to the "recommend[ation]" of the judge. This language indicates that
the former reference to "prescribe" does not mean "require".
Also in subsection (d)(2) of this section, the former phrase "by any court in
the County" is deleted as unnecessary in light of subsection (a) of this
section.
Also in subsection (d)(2) of this section, the former reference to a home
detention program "established under this section" is deleted as implied in
the reference to "home detention program".
In subsection (d)(3) of this section, the phrase "[s]ubject to paragraph (4) of
this subsection" is added to clarify that paragraph (4) imposes additional
limitations to the eligibility criteria for the program. See also §
11-708(c)(3) and 11-709(b)(3) of this subtitle.
In subsection (d)(3)(i) of this section, the reference to a judge's authority to
recommend that an individual "participate" in the home detention
program is substituted for the former reference to a judge's authority to
recommend that an individual "be sentenced to" the program for
consistency with § 11-712(c)(2)(i) of this subtitle.
In subsection (d)(3)(ii) of this section, the reference to charges pending in
any "jurisdiction" is substituted for the former reference to those that are
pending in any "city, county, or state" for consistency within this subtitle.
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