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Session Laws, 1999
Volume 796, Page 530   View pdf image
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substituted for the former references to the conviction of a "person"
because only human beings, and not the other entities included in the
defined term "person", can be sentenced to the jurisdiction of the Division
of Correction. See § 1-101 of this article for the definition of "person".

3-606. PROVIDING CASE RECORD TO ANOTHER STATE.

ON REQUEST, THE DIVISION SHALL PROVIDE A COPY OF A CASE RECORD
MAINTAINED UNDER § 3-601 OF THIS SUBTITLE TO A MANAGING OFFICIAL OF A
CORRECTIONAL FACILITY IN ANOTHER STATE IF THAT STATE HAS MADE
RECIPROCAL PROVISIONS BY LAW FOR PROVIDING RECORDS OF ITS CONVICTED
CRIMINALS TO THE AUTHORITIES OF OTHER STATES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 696.

This section is revised in the active voice to clarify that the Division has
the responsibility to provide records of inmates to managing officials of
correctional facilities in other states.

The reference to "a case record maintained under § 3-601 of this subtitle"
is substituted for the former reference to "such record" for clarity. Former
Art. 27, §§ 695 and 696 were both enacted by Ch. 123, Acts of 1962. As
originally enacted in 1962, former Art. 27, § 695 referred to "the record
herein provided". As amended by Ch. 123, Acts of 1982, former Art. 27, §
695 referred specifically to a "case record prepared under § 691 of this
article". Former Art. 27, § 691 is revised in §§ 3-601 and 3-603 of this
subtitle. Presumably, the reference in former Art. 27, § 696 to "such record"
referred back to the reference in former Art. 27, § 695.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that this section is silent about
whether the Division has the duty to provide a case record to the managing
official of a federal or local correctional facility. The General Assembly may
wish to impose a duty on the Division to provide a case record, on request,
to the managing official of a federal or local correctional facility. See also §
3-602(b)(7)(i) of this subtitle and accompanying Revisor's Note.

Defined terms: "Correctional facility" § 1-101
"Division" §3-101

"Managing official" § 1-101
"State" § 1-101

3-607. PROVIDING CASE RECORD AND OTHER INFORMATION TO LOCAL POLICE.
(A) IN GENERAL.

THE DIVISION SHALL PROVIDE A COPY OF A CASE RECORD MAINTAINED UNDER
§ 3-601 OF THIS SUBTITLE TO A POLICE OFFICER WHO PRESENTS AN ORDER FOR A
COPY OF THE RECORD SIGNED BY THE SUPERINTENDENT OR OTHER OFFICER IN
CHARGE OF POLICE IN A MUNICIPAL CORPORATION OR COUNTY.

 

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Session Laws, 1999
Volume 796, Page 530   View pdf image
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