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Session Laws, 1999
Volume 796, Page 548   View pdf image
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i.e., the Division is responsible for determining the costs of food, lodging,
and clothing.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(1)(iv) of this
section refers to amounts that an inmate is "legally obligated" to pay for
support of dependents. The Committee is uncertain as to whether this
provision applies only to support payments that are required by a "court
order" or whether it applies to any payments that an inmate is obligated to
pay, e.g., merely by virtue of being a parent. The General Assembly may
wish to clarify the meaning of this provision.

The Correctional Services. Article Review Committee also notes, for
consideration by the General Assembly, that it is unclear whether the
reference to an inmate's "account" in subsection (b)(2)(i) of this section is to
an inmate's "reserve financial account", which is paid to the inmate on
final release from the Division, or to an inmate's "spending financial
account", which is available to the inmate during the inmate's term of
confinement. See § 3-610 of this article. The General Assembly may wish
to clarify the meaning of this provision.

In subsection (b)(2) of this section, the former reference to "payments" is
deleted as unnecessary in light of the broad reference to "deductions".

In subsection (b)(3) of this section, the former reference to a "city" is
deleted as unnecessary because Baltimore City is included in the defined
term "county". See § 1-101 of this article for the definition of "county".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of the reference
to the "local social services administration" in subsection (b)(3) of this
section is unclear because many counties do not have a unit with that
name. The General Assembly may wish to amend this section to require
that payments be made through the "appropriate local agency". The
Committee is also uncertain as to how subsection (b)(3) applies when an
inmate's dependents reside outside the State. The General Assembly may
wish to clarify how the Division should handle payments to out-of-State
dependents.

In subsection (c) of this section, the reference to "any part of" an inmate's
final earnings is added to state expressly that which was only implied in
the former law, i.e., some or all of an inmate's earnings might be needed to
satisfy the deductions required under subsection (b) of this section.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that there are significant
inconsistencies throughout this article in provisions governing the
disposition of an inmate's earnings in different contexts. See,_e.g., §§
3-807(e)(1), 9-504(d), 9-512(b), 11-319(b), 11-407(b), 11-604,
11-703(d)(4), 11-704(d), 11-705(i), 11-706(b)(5), 11-708(b)(7), 11-711(g),

 

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Session Laws, 1999
Volume 796, Page 548   View pdf image
 Jump to  
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