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Ch. 26
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2002 LAWS OF MARYLAND
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(II) SERVED A TERM OF CONFINEMENT IN A CORRECTIONAL
FACILITY FOR THAT CONVICTION.
(2) THE COURT MAY NOT SUSPEND ALL OR PART OF THE MANDATORY
10-YEAR SENTENCE REQUIRED UNDER THIS SUBSECTION.
(F) COMPLIANCE WITH MARYLAND RULES.
IF THE STATE INTENDS TO PROCEED AGAINST A PERSON AS A SUBSEQUENT
OFFENDER UNDER THIS SECTION, IT SHALL COMPLY WITH THE PROCEDURES SET
FORTH IN THE MARYLAND RULES FOR THE INDICTMENT AND TRIAL OF A
SUBSEQUENT OFFENDER
(G) ELIGIBILITY FOR PAROLE AFTER AGE 65.
(1) A PERSON SENTENCED UNDER THIS SECTION MAY PETITION FOR
AND BE GRANTED PAROLE IF THE PERSON:
(I) IS AT LEAST 65 YEARS OLD; AND
(II) HAS SERVED AT LEAST 15 YEARS OF THE SENTENCE IMPOSED
UNDER THIS SECTION.
(2) THE MARYLAND PAROLE COMMISSION SHALL ADOPT REGULATIONS
TO IMPLEMENT THIS SUBSECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 643B(b) through (g) and the first sentence of
(a).
In subsection (a)(5) of this section, the phrase "as previously proscribed
under [§] 384 ... of this article", which formerly modified "mayhem", is
deleted as unnecessary and inaccurate because former Art. 27, § 384 did
not proscribe mayhem but merely stated the penalties for it. Similarly, in
subsection (a)(16) through (21) of this section, the phrase "as these crimes
were previously proscribed under former § 12 of this article", which
formerly modified "assault with intent to murder, assault with intent to
rape, assault with intent to rob, assault with intent to commit a sexual
offense in the first degree, and assault with intent to commit a sexual
offense in the second degree", is deleted as unnecessary and inaccurate
because Art. 27, § 12 did not proscribe those crimes but merely stated the
penalties for them.
In subsection (a)(6) of this section, the phrase "as previously proscribed
under Article 27, §§ 385 and 386 of the Code", which modifies "maiming", is
retained because these former provisions included specific elements of the
crimes of maiming.
In subsections (d)(1)(i) and (e)(1)(i) of this section, the references to a
"crime" are substituted for the former references to an "offense" for
consistency within this article. See General Revisor's Note to article.
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In subsection (d)(3) of this section, the reference to a person "sentenced
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- 1008 -
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