2015 Maryland Code
CRIMINAL PROCEDURE
Title 1 - DEFINITIONS; GENERAL PROVISIONS
Subtitle 1 - DEFINITIONS
§ 1-101 - Definitions

(a) In general. -- In this article the following words have the meanings indicated.

** REVISOR'S NOTE

This subsection is new language added as the standard introductory language to a definition section.

(b) Charging document. --

(1) "Charging document" means a written accusation alleging that a defendant has committed a crime.

(2) "Charging document" includes a citation, an indictment, an information, a statement of charges, and a warrant.

** REVISOR'S NOTE

This subsection is new language added to provide a convenient reference to any document containing allegations that a defendant has committed a crime. It is based on Maryland Rule 4-102(a).

(c) Correctional facility. -- "Correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.

** REVISOR'S NOTE

This subsection is new language added to provide a definition of the term "correctional facility" for this article.

** REVISOR'S NOTE

The comprehensive term, which was first defined for the Correctional Services Article, includes the former references to a "jail", "prison", "detention center", "penal institution", "reformatory", "institution", "lock-up", "community correctional facility", "work release facility", "pre-release facility", and various other similar terms. See General Revisor's Note to the Correctional Services Article.

(d) County. -- "County" means a county of the State or Baltimore City.

** REVISOR'S NOTE

This subsection is new language added to indicate that a reference in this article to a "county" includes Baltimore City, unless the reference specifically provides otherwise.

** REVISOR'S NOTE

Article 1, § 14(a) provides that "county" includes Baltimore City "unless such construction would be unreasonable". Since the word "unreasonable" in that section has been interpreted in various ways, the Criminal Procedure Article Review Committee decided that an explicit definition of "county" should be included in this article.

** REVISOR'S NOTE

Former Art. 27, § 743(d), which defined "county" to include Baltimore City but applied only to the subtitle concerning the Criminal Justice Information System, is therefore deleted as unnecessary.

(e) Crime of violence. -- "Crime of violence" has the meaning stated in § 14-101 of the Criminal Law Article.

** REVISOR'S NOTE

This subsection is new language added to conform the definition of "crime of violence" in this article to the definition in Art. 27, § 643B(a) while avoiding the possibility of unintended language variations if that definition is amended in the future.

(f) Department. -- "Department" means the Department of Public Safety and Correctional Services.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 792(a)(4).

** REVISOR'S NOTE

This defined term is applied throughout this article to provide a convenient, brief reference to the Department of Public Safety and Correctional Services.

(g) Inmate. -- "Inmate" has the meaning stated in § 1-101 of the Correctional Services Article.

** REVISOR'S NOTE

This subsection is new language added to provide uniformity throughout this article when referring to a person who is actually or constructively detained or confined in a correctional facility.

** REVISOR'S NOTE

The comprehensive term, which was first defined for the Correctional Services Article, includes the former references to "felon", "convict", "prisoner", "persons confined", and various other similar terms. See General Revisor's Note to the Correctional Services Article.

(h) Local correctional facility. -- "Local correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.

** REVISOR'S NOTE

This subsection is new language added to provide uniformity throughout this article when referring to a place in which inmates in counties or municipal corporations are detained.

(i) Managing official. -- "Managing official" has the meaning stated in § 1-101 of the Correctional Services Article.

** REVISOR'S NOTE

This subsection is new language added to provide uniformity throughout this article when referring to the person who manages a correctional facility.

** REVISOR'S NOTE

The comprehensive term, which was first defined for the Correctional Services Article, includes the former references to "jailer", "warden", and various other similar terms.

(j) Nolle prosequi. -- "Nolle prosequi" means a formal entry on the record by the State that declares the State's intention not to prosecute a charge.

** REVISOR'S NOTE

This subsection is new language added to explain the meaning of "nolle prosequi".

(k) Nolo contendere. -- "Nolo contendere" means a plea stating that the defendant will not contest the charge but does not admit guilt or claim innocence.

** REVISOR'S NOTE

This subsection is new language added to explain the meaning of "nolo contendere".

(l) Person. -- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

** REVISOR'S NOTE

This subsection is new language added to provide an express definition of the term "person" for this article.

** REVISOR'S NOTE

The definition of "person" in this subsection does not include a governmental entity or unit. The Court of Appeals of Maryland has held consistently that the word "person" in a statute does not include the State, its agencies, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Unnamed Physician v. Commission on Medical Discipline, 285 Md. 1, 12-14 (1979).

** REVISOR'S NOTE

As to the term "personal representative", see Art. 1, § 5.

** REVISOR'S NOTE

Former Art. 27, § 854(a)(3), which defined "person" to mean a natural person, a firm, corporation, partnership, association, or other legal entity but applied only to provisions regarding notoriety of crimes contracts, is therefore deleted as unnecessary.

(m) Secretary. -- "Secretary" means the Secretary of the Department of Public Safety and Correctional Services.

** REVISOR'S NOTE

This subsection is new language added to avoid repetition of the full title, "Secretary of the Department of Public Safety and Correctional Services".

** REVISOR'S NOTE

Former Art. 27, § 743(j), which defined "Secretary" to mean the Secretary of Public Safety and Correctional Services but applied only to the subtitle concerning the Criminal Justice Information System, is therefore deleted as unnecessary.

** REVISOR'S NOTE

The first clause of former Art. 27, § 815(g), which defined "Secretary" to mean the Secretary of Public Safety and Correctional Services but applied only to the subheading concerning criminal injuries compensation, is therefore deleted as unnecessary. As to the rest of former Art. 27, § 815(g), which authorized the Secretary to have a designee, see § 11-803 of this article.

(n) State. -- "State" means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

** REVISOR'S NOTE

This subsection is new language added to provide an express definition of the term "state" for this article.

** REVISOR'S NOTE

This definition conforms to the definition of "state" in other revised articles of the Code. See, e.g., CS § 1-101(n), PUC § 1-101(v), and IN § 1-101(kk).

(o) State correctional facility. -- "State correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.

** REVISOR'S NOTE

This subsection is new language added to provide a convenient, comprehensive term for referring to any place of confinement for inmates that is operated by the State.

** REVISOR'S NOTE

This term, which was first defined for the Correctional Services Article, includes the former references to the Patuxent Institution, the Baltimore City Detention Center, and the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department of Public Safety and Correctional Services.