consideration by the General Assembly, that subsection (e)(2)(iv) 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 of this subtitle. The General Assembly
may wish to amend subsection (e)(2)(iv) 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. 27 A, § 7 of the Code for services rendered by
the Public Defender.
The Correctional Services Article Review Committee also notes, for
consideration by the General Assembly, that subsection (e) 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)(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), 11-715(e),
11-716(g), 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)(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 throughout this article.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (f)(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
Committee's perspective on these provisions, see § 3-305(c) of this article
and accompanying Revisor's Note.
In subsection (g)(1) of this section, the reference to individuals who are
sentenced to the "jurisdiction" of the Division of Correction is substituted
for the former reference to individuals who are sentenced to the "custody"
of the Division of Correction for consistency with § 9-103(a) of this article.
In subsection (g)(4) of this section, the reference to inmates who are
"confined" in the Department of Correction and Rehabilitation is
substituted for the former reference to inmates who are "incarcerated" in
that facility for consistency throughout this article. See General Revisor's
Note to this article.
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