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Session Laws, 1999
Volume 796, Page 977   View pdf image
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(3) AN INMATE WHO IS GRANTED COMPASSIONATE LEAVE UNDER THIS
SUBSECTION MAY BE REQUIRED TO REIMBURSE THE DEPARTMENT FOR ANY
EXPENSES THAT THE COUNTY DEPARTMENT OF CORRECTIONS INCURS IN GRANTING
THE LEAVE.

(4) THE DIRECTOR SHALL ADOPT REGULATIONS NECESSARY TO CARRY
OUT THIS SUBSECTION.

REVISOR'S NOTE: Subsection (a) of this section is new language added to avoid
repetition of the full title of the "Director of the Wicomico County
Department of Corrections".

Subsection (b) of this section is new language added to clarify that this
section applies only in Wicomico County.

Subsections (c) through (i) of this section are new language derived without
substantive change from former Art. 27, § 645-II.

In subsection (e) of this section, the reference to "confinement" is
substituted for the former reference to "incarceration" for consistency
throughout this article. See General Revisor's Note to this article.

In subsection (f) of this section, the phrase "may leave" is substituted for
the former phrase "may be granted the privilege of leaving" for brevity.

In subsection (f)(1) of this section, the former reference to an "individual's"
regular employment is deleted as implied in the reference to "regular
employment".

In subsection (g)(1) of this section, the former reference to "surrender[ing]"
earnings is deleted as included in the reference to "collect[ing]" earnings.

In subsection (g)(2)(iii) of this section, the reference to a fine, cost, "or"
restitution is substituted for the former reference to fines, costs, "and"
restitutions to distinguish each of these different forms of judicially
imposed payments and to avoid any implication under former Art. 27, §
645-II(d)(2)(iii) that a deduction from the income of an individual could
only be made if the individual were legally obligated to pay all three types
of payments in a particular case.

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,

 

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Session Laws, 1999
Volume 796, Page 977   View pdf image
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