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§ 8-503. Receipt of notice of untried indictment

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 8. State and Local Correctional System--Generally (Refs & Annos)
Subtitle 5. Intrastate Detainers
Effective: October 1, 2023
MD Code, Correctional Services, § 8-503
§ 8-503. Receipt of notice of untried indictment
Currentness
(a) On receipt of notice of an untried indictment, information, warrant, or complaint against an incarcerated individual who is serving a sentence in a correctional facility in the Division of Correction or against an incarcerated individual who is confined at the Patuxent Institution, the Division of Correction shall promptly notify the managing official of the correctional facility in which the incarcerated individual is confined of the detainer lodged against the incarcerated individual and of the untried indictment, information, warrant, or complaint on which it is based.
(b) Within 15 days after receiving notice of a detainer and the untried indictment, information, warrant, or complaint on which it is based, the managing official having immediate supervision over the incarcerated individual shall inform the incarcerated individual in writing:
(1) of the source and contents of the detainer lodged against the incarcerated individual; and
(2) of the incarcerated individual's right to make a request for final disposition of the indictment, information, warrant, or complaint on which the detainer is based.
(c) If an incarcerated individual is not informed within 1 year of a detainer lodged against the incarcerated individual and of the incarcerated individual's right to make a request for final disposition of the indictment, information, warrant, or complaint on which the detainer is based:
(1) the untried indictment, information, warrant, or complaint shall have no further force or effect; and
(2) the court shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice.
(d)(1) An incarcerated individual who has been notified of a detainer lodged against the incarcerated individual may request that the managing official having immediate supervision over the incarcerated individual file the incarcerated individual's request for final disposition of the untried indictment, information, warrant, or complaint, along with the statement required under subsection (b) of this section.
(2) Within 30 days after receipt of an incarcerated individual's request under paragraph (1) of this subsection, the managing official having custody of the incarcerated individual shall file the incarcerated individual's request for final disposition and the statement required under subsection (b) of this section with the appropriate State's Attorney and the appropriate court.
(3) The managing official shall file the incarcerated individual's request for final disposition and the required statement by certified mail, return receipt requested.
(e) If the untried indictment, information, warrant, or complaint for which request for final disposition is made is not brought to trial within the time limitation established under § 8-502 of this subtitle:
(1) the untried indictment, information, warrant, or complaint has no further force or effect; and
(2) the court, on request of the incarcerated individual or the incarcerated individual's counsel, shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice.
(f)(1) Except as provided in paragraph (2) of this subsection, the sheriff of the county in which an untried indictment, information, warrant, or complaint is pending shall transport the incarcerated individual between the incarcerated individual's place of confinement and the county in which the untried indictment, information, warrant, or complaint is pending.
(2) On the request of the sheriff, the transportation may be furnished by the correctional facility in which the incarcerated individual is confined.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 27, § 616S.
MD Code, Correctional Services, § 8-503, MD CORR SERV § 8-503
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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