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§ 11-502. Scope--presentence and postsentence confinement

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

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 11. Local Correctional Facilities (Refs & Annos)
Subtitle 5. Diminution Credits
Effective: October 1, 2023
MD Code, Correctional Services, § 11-502
§ 11-502. Scope--presentence and postsentence confinement
(a) Except as provided in subsections (b) and (c) of this section, an incarcerated individual who has been sentenced to a term of imprisonment shall be allowed deductions from the incarcerated individual's term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(b)(1) An incarcerated individual who is serving a sentence for a violation of § 3-303 or § 3-304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3-305 or § 3-306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual's term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(2) This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.
(c)(1) An incarcerated individual who is serving a sentence for a violation of § 3-307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, who has previously been convicted of violating § 3-307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual's term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(2) This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2010, c. 182, § 1, eff. Oct. 1, 2010; Acts 2010, c. 183, § 1, eff. Oct. 1, 2010; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017; Acts 2019, c. 8, § 5; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 27, § 704A.
MD Code, Correctional Services, § 11-502, MD CORR SERV § 11-502
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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