(II) THE EXPENSES RELATING TO THE TRANSPORTATION OF AN
INMATE BACK TO THE PLACE OF TRIAL UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE PAID BY THE DIVISION.

REVISOR'S NOTE; Subsection (a) of this section is new language added to
avoid repetition of references to "the Commissioner ... or ... the sheriff".

Subsections (b), (c), and (d) of this section are new language derived
without substantive change from former Art. 27, § 77.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the reference to "the sheriff of
a county in which an inmate was indicted" in subsection (a)(2) of this
section is obsolete. In practice, only the Commissioner has custody of an
inmate who is under a sentence of death. See Revisor's Note to § 3-901 of
this subtitle. The General Assembly may wish to repeal subsection (a) of
this section and substitute references to "the Commissioner" for the
current references to "the official who has custody of the inmate"
throughout this section.

In subsection (b)(1) of this section, the reference to a warrant of execution
that is stayed by a "court" is substituted for the former reference to a
warrant of execution that is stayed by a "competent judicial proceeding" for
brevity.

Also in subsection (b)(1) of this section, the requirement that the "Governor
or court" serve notice of the reprieve or stay on the inmate and the official
who has custody of the inmate is added to state expressly that which was
only implied in the former law.

In subsection (d)(2) of this section, the reference to an individual being
resentenced "to death" is added to state expressly that which was formerly
only implied in the reference to an individual being "resentence[d]".

In subsection (d)(3)(i) of this section, the reference to an inmate who "is in
the custody of the Commissioner" is substituted for the former reference to
an inmate who "has been conveyed to [a correctional facility] ... under the
jurisdiction of the Division of Correction" for consistency with § 9-103 of
this article, which provides that an inmate who has been sentenced to the
jurisdiction of the Division of Correction shall be committed to the custody
of the Commissioner.

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

3-904. INCOMPETENT INMATE.

(A) DEFINITIONS.