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Session Laws, 1999
Volume 796, Page 978   View pdf image
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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),
11-716(g), 11-717(e), 11-718(e), 11-719(b), 11-722(b), 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 throughout this article.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (h)(1)(ii) allows an
inmate's diminution credits to be cancelled without expressly requiring a
hearing. The General Assembly may wish to clarify whether a hearing is
required in this situation. See, e.g., § 11-703(d)(5)(ii) of this subtitle.

The Correctional Services Article Review Committee also 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
Committee's perspective on these provisions, see § 3-305(c) of this article
and accompanying Revisor's Note.

In subsection (h)(4) of this section, the reference to a trust or condition
"that a court or the County Department of Corrections establishes" is
added to state expressly that which was only implied under the former law.

Also in subsection (h)(4) of this section, the reference to the duty of the
Department to notify the sentencing court in writing "of the violation" is
added to state specifically the subject of the Department's notice.

Defined terms: "Court" § 11-701
"Inmate" § 1-101

11-725. WORCESTER COUNTY.

(A) SCOPE OF SECTION.

THIS SECTION APPLIES ONLY IN WORCESTER COUNTY.

(B) INMATE PAYMENTS.

WHILE CONFINED IN THE WORCESTER COUNTY JAIL, AN INMATE EMPLOYED
UNDER § 11-602 OF THIS TITLE SHALL PAY:

 

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Session Laws, 1999
Volume 796, Page 978   View pdf image
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