|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Also in this section, the reference to a crime "under § 3-202, § 3-203, §
3-204, or § 3-205 of this subtitle" is substituted for the former reference to
an offense "under this subheading" to reflect the organizational changes
made by the revision.
Defined term: "Person" § 1-101
3-210. ASSAULT BY INMATE — SENTENCING.
(A) IN GENERAL.
AN INMATE CONVICTED OF ASSAULT UNDER THIS SUBTITLE ON ANOTHER
INMATE OR ON AN EMPLOYEE OF A STATE CORRECTIONAL FACILITY, A LOCAL
CORRECTIONAL FACILITY, OR A SHERIFF'S OFFICE, REGARDLESS OF EMPLOYMENT
CAPACITY, SHALL BE SENTENCED UNDER THIS SECTION.
(B) CONSECUTIVE SENTENCE.
A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE CONSECUTIVE TO ANY
SENTENCE THAT THE INMATE WAS SERVING AT THE TIME OF THE CRIME OR THAT
HAD BEEN IMPOSED BUT WAS NOT YET BEING SERVED AT THE TIME OF
SENTENCING.
(C) SUSPENSION OF SENTENCE PROHIBITED.
A SENTENCE IMPOSED UNDER THIS SECTION MAY NOT BE SUSPENDED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 12A-6(a), (c), and (d).
In subsection (a) of this section, the reference to assault "under this
subtitle" is substituted for the former reference to assault "in any degree"
since there are only two degrees of assault, both of which are included
within this subtitle.
Also in subsection (a) of this section, the defined terms "State correctional
facility" and "local correctional facility" are substituted for the former
references to "the Division of Correction, the Patuxent Institution, [and]
the Baltimore City Detention Center" and "any county jail, [or] detention
center", respectively, for clarity and consistency throughout this article.
In subsection (b) of this section, the reference to a sentence that "the
inmate was serving" is substituted for the former reference to a sentence
that "was being served" for consistency with the Correctional Services
Article.
Also in subsection (b) of this section, the reference to the "crime" is
substituted for the former reference to the "offense" for consistency within
this article. See General Revisor's Note to article.
|
|
|
|
|
|
|
|
|
|
- 247 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
