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Session Laws, 1999
Volume 796, Page 955   View pdf image
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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), 11-714(b)(1)
and (3)(i) and (d)(2) and (3)(i), and 11-723(b)(2) and (3)(i) of this subtitle
and accompanying Revisor's Notes, If the General Assembly amends
subsection (d)(1), a corresponding change should be made to subsection
(g)(1)(i) of this section, which refers to a condition established by the
"sentencing judge".

In subsection (d)(2) of this section, the reference to an inmate "in the
custody of" the Howard County Detention Center is substituted for the
former reference to an inmate "who has been sentenced to" the Howard
County Detention Center for consistency with paragraphs (1)(i) and (4) of
this subsection, which refer to an individual who "has been sentenced to
the custody of the Department". An individual who is sentenced to the
custody of the Department may be placed in the custody of the Howard
County Detention Center.

Also in subsection (d)(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 (d)(3) of this section, the former reference to an "individual's"
regular employment is deleted as implied in the reference to "regular
employment".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (e) 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)(l),
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),
11-714(c)(4), 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 (f) of this section, the phrase "is not an agent or employee" is
substituted for the former phrase "may not be considered to be an agent or
employee" for consistency with other provisions in this subtitle. See, e.g., §
11-703(c)(3).

Also in subsection (f) of this section, the former reference to any "other"
judicial officer is deleted to avoid the implication that the County and the
Director of the County Department of Correction are "judicial" in nature.

Also in subsection (f) of this section, the former reference to any judicial
officer "of the county" is deleted for accuracy. There are no judicial officers

 

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Session Laws, 1999
Volume 796, Page 955   View pdf image
 Jump to  
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