Refs & Annos
West's Annotated Code of MarylandCorrectional Services
MD Code, Correctional Services, Refs & Annos
Revisor's Note (Acts 1999, c. 54):
REVISOR'S NOTE TO ARTICLE:
The Department of Legislative Services is charged with revising the law in a clear, concise, and organized manner, without changing the effect of the law. One precept of revision has been that, once something is said, it should be said in the same way every time. To that end, the Correctional Services Article Review Committee conformed the language and organization of this article to that of previously enacted revised articles to the extent possible.
Throughout this article, as in other revised articles, the word “regulations” is substituted for former references to “rules and regulations” to distinguish, to the extent possible, between regulations of executive units and rules of judicial or legislative units and to establish consistency in the use of the words. This substitution conforms to the practice of the Division of State Documents.
Also throughout this article, for consistency and to avoid unnecessary confusion, the singular verb “adopt” is used in relation to rules or regulations, and verbs such as “prescribe” and “promulgate” are deleted. The procedures to be followed in adopting regulations are set forth in Title 10, Subtitle 1 of the State Government Article.
Also throughout this article, for consistency, references to adopting regulations to “carry out” particular provisions of this article are substituted for former references to adopting regulations to “administer”, “implement”, “accomplish the purpose of”, or “accomplish the objectives of” the relevant provisions.
Also throughout this article, the word “law” is substituted for former phrases such as “law or regulation” because the broad reference to a “law” includes a “regulation” adopted under the authority of a law. See, e.g., Maryland Port Administration v. Brawner Contracting Co., 303 Md. 44, 60 (1985).
Also throughout this article, the term “unit” is substituted for former references such as “agency”, “department”, “administration”, “commission”, and “office”, except when a former reference indicated a specific entity or was included as part of a defined term. The term “unit” is used as the general term for an organization in the State government because it is broad enough to include all such entities.
Also throughout this article, references to current units and positions are substituted for obsolete references to entities and positions that have been abolished or have otherwise ceased to exist.
The term “correctional facility” is defined broadly in Title 1 of this article and, for consistency, is used throughout the article as a substitute for former references such as “reformatory”, “jail”, “prison”, “penal institution”, “institution”, “lock-up”, and “detention center”. The term “correctional facility” includes former references to more specific terms such as “community correctional facility”, “work-release facility”, and “prerelease facility”.
The terms “State correctional facility” and “local correctional facility” are also defined in Title 1 of this article. In some provisions of this article, for brevity, the term “State and local correctional facilities” is used when referring to both “State correctional facilities” and “local correctional facilities”.
Also throughout this article, for brevity and consistency, references to correctional facilities “in” the Division of Correction are substituted for former references to correctional facilities “under the jurisdiction of”, “under the control of”, or “under” the Division of Correction. Any correctional facility that is under the jurisdiction or control of the Division of Correction is “in” the Division of Correction.
Also throughout this article, references to a “term of imprisonment” are used to refer to a penalty that is imposed on an individual as a part of a criminal sentence after the individual has been convicted of a crime. In this way, the Correctional Services Article is consistent with most penalty provisions in Article 27 (Crimes and Punishments) of the Code, which typically impose a “term of imprisonment” rather than a “term of confinement”. However, for clarity and consistency, references to a “term of confinement” are used throughout this article to refer to an individual's complete obligation of confinement in a correctional facility (i.e., all sentences combined minus any applicable diminution credits).
Also throughout this article, for consistency, the terms “confined” and “confinement” are substituted for former references such as “incarcerated”, “incarceration”, “detained”, “detention”, “imprisoned”, and “imprisonment” when referring to an inmate who is being held in a correctional facility.
Also throughout this article, for accuracy and consistency, the term “crime” is substituted for former references to an “offense” when referring to offenses that are misdemeanors or felonies under state or federal law.
Also throughout this article, for accuracy, references to “compensation” are substituted for former references to “salary” when referring to remuneration that is provided to an individual in the State budget. The term “compensation” is substituted for the term “salary” to include nonsalary benefits that are provided in the State budget (e.g., retirement and health care benefits). These substitutions do not make substantive changes in law because references to “compensation” in these contexts are always restricted by the phrase “as provided in the State budget”.
Also throughout this article, for clarity and consistency, references to “the public” or “members of the public” are substituted for former references such as “Maryland's citizens”, “the citizens of this State”, and “the State's citizens” because the meaning of the word “citizen” in these contexts is unclear.
Also throughout this article, references to the “chairperson” and “vice chairperson” are substituted for former references to the “chairman” and “vice chairman”, respectively, because § 2-1238 of the State Government Article requires, to the extent practicable, the use of words that are neutral as to gender.
Also throughout this article, for consistency with other revised articles of the Code, the requirement that a document be “verified” is substituted for former requirements that a document be “signed and sworn to” or be “sworn to”. See generally CA §§ 1-301(a)(4) and (b)(2), 1-302, 2-513(b), 4-404(b), 5-309(b)(2), and 6-416(b), en §§ 1-201, 5-513, 14-118, and 15-523(a), FI § 1-202, HG § 1-201, HO § 1-201, and in § 8-438(b). The meaning of the requirement that a document be “verified” is set forth in § 1-201 of this article.
In some instances, the staff of the Department of Legislative Services may create “Special Revisor's Notes” to reflect the substantive effect of legislation enacted during the 1999 Session on some provisions of this article.
MD Code, Correctional Services, Refs & Annos, MD CORR SERV Refs & Annos
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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