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Session Laws, 1999
Volume 796, Page 960   View pdf image
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1999 LAWS OF MARYLAND

only be made if the individual were legally obligated to pay all three types
of payments in a particular case. See also § 11-711(g)(2)(iii) of this subtitle.

In subsection (g)(2)(v) of this section, the former reference to payments
made "[i]f applicable" is deleted as unnecessary in light of the reference to
payments that a "court orders".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (g)(2)(v) of this
section is silent as to whether, from the earnings of an inmate in the
program, the Public Defender will be repaid for services provided to the
inmate. Compare §§ 11-703(d)(4)(ii)6 and 11-705(i)(2)(v) of this subtitle.
The General Assembly may wish to amend subsection (g)(2)(v) to require
that the warden deduct and disburse, from the earnings of an inmate, any
amount that the inmate was ordered to pay under Art. 27A, § 7 for services
rendered by the Public Defender.

The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that subsection (g) of this section,
which sets forth rules governing the disposition of an inmate's earnings, is
one of many provisions in this article that relates to this subject. However,
there are significant inconsistencies throughout this article in the
provisions that govern 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), 11-714(c)(4), 11-715(e),
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 (h)(1) of this section, the reference to "establish[ing]" a trust
or condition is substituted for the former reference to "prescrib[ing]" a
trust or condition for stylistic consistency within this article.

In subsection (h)(1)(i) of this section, the reference to a program under
"subsection (c)" of this section is substituted for the former erroneous
cross-reference to "subsection (a)" of this section in former Art. 27, §
645HH(e). Former Art. 27, § 645HH(a), which is revised in subsection (i)(2)
of this section, required employed inmates to make certain restitution
payments and to pay certain costs. Former Art. 27, § 645HH(c)(1), which is
revised as subsection (c) of this section, specified the programs in which an
inmate was authorized to participate.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (h)(2) 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

 

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Session Laws, 1999
Volume 796, Page 960   View pdf image
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