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Session Laws, 2003
Volume 799, Page 671   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(I)      THE NAME OF THE ACCUSED;

(II)     THE DATE AND PLACE OF TRIAL;

(III)   THE DATE OF APPROVAL OF THE SENTENCE; AND

(IV)    THE MANNER, PLACE, AND TERM OF IMPRISONMENT.

(2) THE INDIVIDUAL PRESIDING OVER THE COURT-MARTIAL SHALL
DELIVER THE CERTIFICATE ENTITLING THE CASE TO THE SHERIFF OF THE COUNTY
WHERE THE SENTENCE IS TO BE EXECUTED OR THE COMMISSIONER OF
CORRECTION.

. (B) EXECUTION OF SENTENCE.

A SHERIFF OR THE COMMISSIONER OF CORRECTION WHO RECEIVES A
CERTIFICATE UNDER SUBSECTION (A)(2) OF THIS SECTION SHALL CARRY OUT THE
EXECUTION OF THE SPECIFIED SENTENCE IN THE MANNER PROVIDED FOR
COMMITMENTS TO SERVICE OF TERMS OF IMPRISONMENT IN CRIMINAL CASES IN
COURTS OF THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the fifth paragraph of former Art. 65, § 44.

In subsection (a)(1) of this section, the clause "[a]fter imposing a sentence
of imprisonment" is substituted for the former clause "[w]hen any sentence
to imprisonment shall be imposed by any military court of this State" for
brevity.

Also in subsection (a)(1) of this section, the phrase "person presiding over a
court-martial" is substituted for the former phrase "military judge
whenever one sits on such court, and otherwise the president of the court
or summary court officer" for brevity.

In subsections (a)(2) and (b) of this section, the references to the
"Commissioner of Correction" are added to conform with current law
regarding sentences of imprisonment. See CS §§ 9-104 and 9-105.

In subsection (b) of this section, the reference to a sheriff "who receives a
certificate under subsection (a)(2) of this section" is substituted for the
former reference to "such" sheriff for clarity.

Also in subsection (b) of this section, the reference to the "specified"
sentence is substituted for the former term "such" sentence for clarity.

Also in subsection (b) of this section, the former reference to the execution
of a sentence in the manner "prescribed by law" is deleted as unnecessary
in light of the reference to the execution of a sentence in the manner
provided "in criminal cases in courts in the State".

Defined term: "County" § 1-101

671 -

 

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Session Laws, 2003
Volume 799, Page 671   View pdf image
 Jump to  
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