(III) A PAYMENT MADE IN VIOLATION OF THIS PARAGRAPH SHALL
BE FORFEITED TO THE STATE.

(E) EFFECT OF SECTION.

THIS SECTION DOES NOT PROHIBIT AN INDIVIDUAL FROM CONTRACTING FOR
SERVICES TO:

(1) DETERMINE THE INDIVIDUAL'S INNOCENCE;

(2) OBTAIN A PARDON; OR

(3) OBTAIN THE INDIVIDUALS RELEASE FROM CONFINEMENT.

REVISOR'S NOTE: Chapter 54, Acts of 1999, which enacted the Correctional
Services Article, also enacted this section, which is new language derived
without substantive change from former Art. 78A, § 16A.

Throughout this section, the term "individual" is substituted for the former
term "person" because only a human being, and not the other types of
entities included in the defined term "person", can be falsely imprisoned.
See § 1-101 of this article for the definition of "person".

In subsections (a) and (c) of this section, the former references to
"discretion" are deleted as implicit in the word "may". Correspondingly, in
subsection (c) of this section, the former phrase "as it deems appropriate" is
deleted.

In subsection (a) of this section, the former reference to confinement
"pursuant to the sentence imposed for such crime" is deleted as implicit in
the reference to "confinement".

In subsection (b) of this section, the former reference to the Governor "of
this State" is deleted as implicit in the reference to the "Governor".

Also in subsection (b) of this section, the reference to a pardon "stating that
the individual's conviction has been shown conclusively to be in error" is
substituted for the former reference to a pardon "in which it is made
known that the person so pardoned has been conclusively shown to have
been convicted in error" for brevity.

In subsection (e) of this section, the former reference to "validly"
contracting for services is deleted as implicit in the legal meaning of
"contract[ing]". Similarly, in subsection (e) of this section, the former
phrase "where otherwise permitted by law" is deleted as surplusage.

Defined term: "Person" § 1-101

SECTION 4. AND BE IT FURTHER ENACTED, That Section 4-105(a) of
Article 41 - Governor - Executive and Administrative Departments of the Annotated
Code of Maryland be repealed and reenacted, with amendments, and transferred to
the Session Laws, to read as follows: