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(3) AS A CONDITION OF GRANTING SPECIAL LEAVE, THE COMMISSIONER
MAY REQUIRE THAT THE INMATE AGREE TO WAIVE THE RIGHT TO CONTEST
EXTRADITION PROCEEDINGS.
(4) THE COMMISSIONER OR DEPUTY COMMISSIONER SHALL FILE THE
ORDER GRANTING SPECIAL LEAVE IN THE DIVISION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 700D.
In subsection (a) of this section, the reference to "grant[ing]" leave is
substituted for the former reference to "authoriz[ing]" leave for consistency
with subsections (b) and (c)(3) and (4) of this section and §§ 3-801(b),
3-802(a) and (b), 3-807(b), 3-808, 3-809, and 3-811(a) and (b)(1) of this
subtitle.
Also in subsection (a) of this section, the reference to a special community
or other meritorious program or activity that the Commissioner and
managing official "believe" is beneficial to the inmate is substituted for the
former reference to a program or activity that "in their judgment" is
beneficial to the inmate for brevity.
Also in subsection (a) of this section, the reference to a correctional facility
"in" the Division of Correction is substituted for the former reference to a
correctional facility "under [the Commissioner's] jurisdiction" for
consistency throughout this article. See General Revisor's Note to this
article.
In the introductory language of subsection (b) of this section, the reference
to the authority of the "Commissioner or the Deputy Commissioner" is
added to state expressly that which was only implied in the former law,
i.e., these are the only individuals who have authority to grant special
leave under this section.
In subsection (b)(5) of this section, the reference to a governmental "unit"
is substituted for the former reference to a governmental "agency" for
consistency throughout this article. See General Revisor's Note to this
article.
In subsection (c)(2) of this section, the former explicit prohibition against
delegating responsibility for the issuance of special leave is deleted as
unnecessary in light of the requirement that the special leave be signed
"personally" by either the Commissioner or Deputy Commissioner.
In subsection (c)(4) of this section, the reference to the "Commissioner or
Deputy Commissioner" is added to state expressly that which was only
implied in the former law.
Also in subsection (c)(4) of this section, the defined term "Division" is
substituted for the former reference to "Department" for accuracy. See
General Revisor's Note to this subtitle.
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