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Session Laws, 1999
Volume 796, Page 553   View pdf image
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regulations is deleted, as implicit in the reference to "regulations". See Title
10, Subtitle 1 of the State Government Article.

Also in subsection (h) of this section, the former reference to "rules" is
deleted in light of the reference to "regulations". See General Revisor's
Note to this article.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (i)(2) of this section
provides that a violation of subsection (i)(1) of this section is a
misdemeanor that is punishable under Art. 27, § 139. However, under Art.
27, § 139, a person who escapes from a correctional facility is guilty of a
felony. The General Assembly may wish to amend subsection (i)(2) of this
section to make it consistent with Art. 27, § 139, i.e., to provide that a
violation of subsection (i)(1) of this section is a felony.

The Correctional Services Article Review Committee further notes, for
consideration by the General Assembly, that subsection (i) of this section is
one of many provisions in this article that relates to inmates who escape
while legitimately outside the confines of a correctional facility (e.g., while
on work release, home detention, pretrial release, weekend leave,
compassionate leave, family leave, etc.). For a more detailed discussion of
the Committee's perspective on these provisions, see § 3-305(c) of this
article and accompanying Revisor's Note.

The Correctional Services Article Review Committee further notes, for
consideration by the General Assembly, that the Department has never
established an extended work-release program. The General Assembly
may wish to repeal this section.

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

"Division of Parole and Probation" § 1-101
"Inmate" § 1-101

3-808. COMPASSIONATE LEAVE.

(A) IN GENERAL.

THE COMMISSIONER, THE DEPUTY COMMISSIONER, THE ASSISTANT
COMMISSIONER FOR OPERATIONS, OR THE ASSISTANT COMMISSIONER FOR
ADMINISTRATION MAY GRANT COMPASSIONATE LEAVE TO AN INMATE CONFINED IN
A CORRECTIONAL FACILITY IN THE DIVISION TO VISIT A MEMBER OF THE INMATE'S
IMMEDIATE FAMILY WHO IS SERIOUSLY ILL OR ATTEND THE FUNERAL OF A MEMBER
OF THE INMATE'S IMMEDIATE FAMILY.

(B) WRITTEN AUTHORIZATION REQUIRED.

(1) WHEN GRANTING COMPASSIONATE LEAVE TO AN INMATE, THE
COMMISSIONER, THE DEPUTY COMMISSIONER, THE ASSISTANT COMMISSIONER FOR
OPERATIONS, OR THE ASSISTANT COMMISSIONER FOR ADMINISTRATION SHALL:

 

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Session Laws, 1999
Volume 796, Page 553   View pdf image
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