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Session Laws, 1999
Volume 796, Page 566   View pdf image
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"warrant of execution". Correspondingly, in subsection (f)(2) of this section,
the former reference to a warrant of execution "theretofore issued" is
deleted.

Defined terms: "Commissioner" § 3-101
"Inmate" § 1-101

3-903. CUSTODY AFTER SENTENCE.

(A) "OFFICIAL" DEFINED.

IN THIS SECTION, "OFFICIAL" MEANS:

(1) THE COMMISSIONER; OR

(2) THE SHERIFF OF THE COUNTY IN WHICH AN INMATE WAS INDICTED.

(B) NOTICE OF REPRIEVE OR STAY.

(1) IF THE GOVERNOR GRANTS A REPRIEVE TO AN INMATE UNDER
SENTENCE OF DEATH OR A COURT IMPOSES A STAY ON THE EXECUTION OF A
SENTENCE OF DEATH, THE GOVERNOR OR COURT SHALL SERVE NOTICE OF THE
REPRIEVE OR STAY ON:

(I) THE INMATE; AND

(II) THE OFFICIAL WHO HAS CUSTODY OF THE INMATE.

(2) THE OFFICIAL WHO HAS CUSTODY OF THE INMATE SHALL OBEY THE
REPRIEVE OR STAY.

(C) RETENTION IN CUSTODY.

AN INMATE WHO IS GRANTED A REPRIEVE OR STAY SHALL REMAIN IN THE
CUSTODY OF THE OFFICIAL WHO RECEIVES NOTICE UNDER SUBSECTION (B)(1)(II) OF
THIS SECTION.

(D) SUBSEQUENT PROCEEDINGS.

(1) IN ANY SUBSEQUENT JUDICIAL PROCEEDING, THE COURT SHALL
SERVE ANY COURT ORDER REGARDING AN INMATE ON:

(I) THE INMATE; AND

(II) THE OFFICIAL WHO HAS CUSTODY OF THE INMATE.

(2) IF A COURT RESENTENCES AN INMATE TO DEATH, THE PROVISIONS
OF THIS SUBTITLE SHALL APPLY TO THE NEW SENTENCE IN THE SAME MANNER AS
THE ORIGINAL SENTENCE.

(3) (I) IF A NEW TRIAL IS GRANTED TO AN INMATE WHO IS IN THE
CUSTODY OF THE COMMISSIONER, THE INMATE SHALL BE TRANSPORTED BACK TO
THE PLACE OF TRIAL UNDER GUARD AS THE COMMISSIONER DIRECTS.

 

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Session Laws, 1999
Volume 796, Page 566   View pdf image
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